Bombay High Court
Mahaveer S/O Anantrao Mahajan vs The State Of Maharashtra on 17 February, 2014
Author: S.S. Shinde
Bench: S.S. Shinde, V.M. Deshpande
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD
CRIMINAL APPEAL NO. 465 OF 2011
Mahaveer s/o Anantrao Mahajan,
Age: 36, Occ: Labour,
R/o. Shaniwarpeth,
Tq. & Dist. Beed. ...APPELLANT
VERSUS
The State of Maharashtra. ...RESPONDENT
...
Mr. Abhishek Kulkarni, Advocate for appellant (appointed).
Mrs. S.G. Chincholkar , A.P.P. for respondent/State.
...
CORAM: S.S. SHINDE, &
V.M. DESHPANDE,JJ.
RESERVED ON : 04/02/2014
PRONOUNCED ON: 17/02/2014
JUDGMENT :[ PER : S.S. SHINDE, J.] . This appeal is filed challenging the judgment and order passed by the Additional Sessions Judge-1, Beed in ::: Downloaded on - 01/03/2014 00:11:36 ::: 2 465.11crapl Sessions Case No. 90 of 2009 on 16/02/2010. The appellant herein, is the accused, who is convicted for the offence punishable under Section 302 of the Indian Penal Code and is sentenced to undergo imprisonment for life and to pay fine of Rs.300/-. In default of payment of fine, he shall undergo further rigorous imprisonment for three months.
2. The prosecution case, in nutshell, is as under :
. Accused Mahaveer s/o Anantrao Mahajan is a person belonging to Jain community. His first marriage was solemnized with one Archana Laxman Udapurkar resident of Karanja Lad, District Washim in the year 1994. Archana gave birth to a son by name Shubham out of said wedlock and said Shubham is taking education in Anath Ashram at Jalna.
Archana died during her second delivery in the year 1997.
. Accused Mahaveer thereafter got married with ::: Downloaded on - 01/03/2014 00:11:36 :::
3 465.11crapl deceased Pournima in the year 2002. Pournima belong to Boudh community. Out of wedlock with Pournima accused had a son by name Sunnay aged two years and a daughter Pallavi aged about three years. The incident had taken place on 20/04/2009 in the morning at about 3-30 to 4-00 a.m. Since prior to four years of incident accused Mahaveer and his wife Pournima was residing at Beed in the house of one Namdeo Kadaji Kalwade in Karimpura Beed. The accused was in private service in the shop of one Shri. Kailas Hebare and he was doing work of repair of sewing machine. He however left the rented house of Namdeo Kadaji Kalwade and shifted to the house of one Krushna Vasant Upare on 19/04/2009.
. It is alleged that, deceased Pournima was of loose character. She left accused's house alongwith her son and daughter on 14/04/2009 but came back on 19/04/2009. On the same day, the accused shifted his household articles to ::: Downloaded on - 01/03/2014 00:11:36 ::: 4 465.11crapl new rented premises of Krushna Vasant Upare in Shaniwarpeth, Beed. Pournima came back on the same day at about 6-00 p.m. alongwith her son and daughter. There was quarrel between accused Mahaveer and Pournima on her return. When accused Mahaveer interrogated as to where she had been, she did not tell anything. She did not help the accused in arranging the household articles and on the contrary quarreled with him. She took a bite to the small finger of the accused's left hand and told that she had come only to leave her children. Accused Mahaveer therefore beat Pournima with kicks and blows. She refused to cook a dinner and therefore the accused was required to sleep by eating Wada-Pav. All of them went to bed at about 10-00 to 10-30 p.m. . On 20/04/2009 at about 3-30 a.m. to 4-00 a.m. accused Mahaveer tried to get up Pournima for collecting tap water. On that, Pournima started quarreling with him and ::: Downloaded on - 01/03/2014 00:11:36 ::: 5 465.11crapl told that, she does not want to stay with him and started going out. It is alleged that, the accused got annoyed because of her behavior and was also suspecting about her character as she stayed out of his house for five days and therefore, he assaulted her with the help of Scissor used for the purposes of sewing clothes. He assaulted her on her stomach, chest, hands etc. She died on the spot.
. It is further alleged that, the incident was reported to the police station, Peth Beed by accused Mahaveer himself.
He went to report the incident at police station alongwith his children. Police Inspector Mr. Angad Dnyanoba Sudke got verified as to whether the incident narrated by the accused Mahaveer had any substance or not. He accordingly went to the place of incident and got it verified and thereafter recorded the statement in the form of report as per the say of accused Mahaveer. Crime bearing No. 45/2009 for the offence punishable under Section 302 of the Indian Penal Code was ::: Downloaded on - 01/03/2014 00:11:36 ::: 6 465.11crapl registered on the basis of said First Information Report and the same was investigated into by Police Inspector Mr. Sudke.
. Accused Mahaveer Mahajan was arrested on 20/04/2009 at 7-30 hours. On 22/04/2009 he gave statement in presence of panchas whereby he agreed to produce his clothes stained with blood and Scissor used in the alleged crime in presence of panchas and accordingly said articles were seized in consonance with the information given by him and said articles were sent to Chemical Analyser.
. The report lodged by the accused disclosed that, deceased Pournima took a bite to his small finger in the night on 19/04/2009 during quarrel and therefore accused was referred for medical examination and injury certificate in respect of his injury was obtained. Police Inspector Mr. Sudke recorded the statement of witnesses and after due investigatioin came to the conclusion that, it was the accused ::: Downloaded on - 01/03/2014 00:11:36 ::: 7 465.11crapl only who committed the murder of his wife as he was suspecting her character and therefore a charge sheet was filed. The R.C.C. No. 451/2009 was registered. The learned Judicial Magistrate, First Class (Court No. 3) Beed vide his order dated 06/09/2009 committed the case for trial to the Court of Sessions and accordingly, Sessions Case No. 90/2009 was given for the trial.
. The accused appeared before the Sessions Court and a charge was framed under Section 302 of the Indian Penal Code as per Exhibit-12. The contents of charge were read over and explained to the accused to which he pleaded not guilty and claimed to be tried.
3. In order to substantiate the allegation, the prosecution has examined in all sixteen witnesses. Out of sixteen witnesses, PW-1 Kashibai Munjaji Dhabale (Exhibit-30) is mother of deceased whereas PW-2 Munjaji ::: Downloaded on - 01/03/2014 00:11:36 ::: 8 465.11crapl Limbaji Dhabale (Exhibit-31) is the father of deceased. PW-3 Prathiviraj Premraj Abbad (Exhibit-32) is a witness on panchnama of place of incident (Exhibit-33). PW-4 Rukhmini Namdeo Kaiwade (Exhibit-35) is the previous landlady in whose house accused was residing prior to the incident. PW-5 Krushna Vasant Upare (Exhibit-36) is the landlord of the accused in whose rented house, the accused shifted his household articles on 19/04/2009. PW-6 Chaya Rajendra Bedarkar (Exhibit-40), PW-7 Satish Bhimashankar Bedarkar (Exhibit-41) and PW-8 Ankush Rambhau Bagde (Exhibit-42) are the new neighbourers of the accused i.e., tenants residing in the house of Krushna Vasant Upare. PW-10 Dr. Pratibha Rangnath Ambad (Exhibit-56) is the Medical Officer, who performed post mortem on the dead body of Pournima.
PW-11 Sayyad Imtiyaj Iqbal (Exhibit-59) is the witness on memorandum and panchnama (Exhibit-60 and 61) whereby it is alleged that, the clothes and Scissor was seized in consequence of the information given by accused. PW-12 Anil ::: Downloaded on - 01/03/2014 00:11:36 ::: 9 465.11crapl Mahadeo Andhale (Exhibit-62) is the police constable who recorded the statement of accused. PW-13 Bhausaheb Ramrao Sirsat (Exhibit-64) is the police head constable B.No. 889 who registered crime. PW-15 Dr. Vishwas Baliram Gavte (Exhibit-75) is the medical officer who proved injury certificate in respect of accused (Exhibit-76). PW-16 Madhav Namdeo Mane (Exhibit-77) is the carrier who took articles to C.A. Aurangabad with forwarding letters (Exhibits-70 and 71).
PW-9 Rameshwar Saudagar Tat (Exhibit-43) and PW-14 Angad Dnyanoba Sudke (Exhibit-65) are the Investigating Officers.
. Opportunity was given to the accused to explain incriminating circumstances appearing against the accused and he denied the allegations in toto. To some questions accused declined to give answers. The accused, however, submitted a written statement of defence.
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4. According to accused Mahaveer, his wife Pournima left his house without knowledge prior to Ambedkar Jayanti alongwith her children. She did not go to the house of any relatives. On 19/04/2009 he shifted his household articles from the house of Namdeo Kadaji to his rented house belonging to one Krushna Vasant Upare. On the same day, Pournima came back in the evening. The accused interrogated her as to where she had been but she did not reply. According to accused Mahaveer, at about 7-30 p.m. to 8-00 p.m. he left the house and went to Jain temple nearby his new rented premises and slept in the said temple throughout night. He came back in the morning and found that, the door was just pulled. On opening the door he found that, Pournima was dead and therefore, he took his children alongwith him and went to the police station to give intimation. The police accordingly came to the place of incident, recorded inquest panchnama and sent her dead body for post mortem.
::: Downloaded on - 01/03/2014 00:11:36 :::11 465.11crapl . According to accused Mahaveer, the police also seized Scissor and towel from the place of incident. The police seized the blood stained mud and clothes of the deceased but prepared false panchnama. They also recorded his complaint but not as per his say. He also denied that, any article was seized in consequence of the information given by him and submitted that, the memorandum and panchnama recorded in his name are false. The accused had tried to give explanation for finding 'B' group blood on his clothes and clothes of deceased saying that, his blood group and that of Pournima was same i.e, group 'B'. The accused Mahaveer submitted that, he is dealing with the work of repairing sewing machine wherein he has to use Scissor daily.
He might have received some injury due to Scissor while doing work and therefore the blood stains of 'B' group found on his Banian and clothes of his wife might be his own blood.
The accused further submitted that, his wife Pournima had ::: Downloaded on - 01/03/2014 00:11:36 ::: 12 465.11crapl lodged one complaint against him at police station on 12/04/2009 on the allegation that, she was beaten and threatened by him but no action was taken against him.
5. The learned Sessions Judge appreciated the entire evidence on record and after hearing learned Counsel for the parties convicted the accused. Hence this appeal.
6. In order to prove allegation for the offence punishable under Section 302 of the Indian Penal Code, it would be necessary to find out whether Pournima Mahaveer Mahajan ( hereinafter will be referred as "victim") met with homicidal death or not. It is also necessary to find out the possibility of death being accidental, suicidal or homicidal.
The prosecution has examined PW-10 Dr. Pratiba Rangnath Ambad, Medical Officer, Civil Hospital, Beed who performed post mortem on the dead body of deceased Pournima between 11-00 to 12-00 p.m. on 20/04/2009. PW-10 deposed before ::: Downloaded on - 01/03/2014 00:11:36 ::: 13 465.11crapl the Court that, at the relevant time she was attached to District Hospital, Beed as Medical Officer from 03/02/2009.
She performed post mortem on the dead body of victim Pournima brought by one Police Inspector Mr. Sudke of police station, Beed and she noticed number of external injuries on the dead body of deceased Pournima as mentioned below.
(1)Left side breast middle upper quadrant incised transverse wound, 2 x 2 c.m. in size and 5 c.m. deep.
(2) Lateral side of upper end of sternum 2 x 1 cm.
in size, bone deep 5 c.m. deep.
(3) Right side middle upper quadrant of right breast 1-1/2 x 1-1/2 bone deep, 3 c.m. deep.
(4) Incised transverse wound on right side upper lateral quadrant of right breast 2 x 2 c.m. in size and 5 c.m. deep.
(5) Right hypochondrium obliquely placed oval
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incised wound 2 x 1 c.m. bone deep. Blood
collection under the margins of all wounds mentioned above.
(6) Right forearm zodial aspect, incised wound 4 x 1 c.m. in size muscle deep.
(7) Left forearm ulnar aspect and two wounds 1 x 1/2 c.m. and 1 x 1/2 c.m. each incised wounds.
(8)Incised wounds on thumb base planter aspect round in shape with sharp margins bone deep.
(9) Right forearm back side two wounds each 1 x 1/2 c.m. in size and on right arm back side 1 x 1/2 c.m.
(10) Right little finger space dorsal aspect 1 x 1/2 c.m. sharp margin.
. Dr. Patibha Ambad also deposed that, left side of breast wound was pertaining deep into inter coastal area puncturing heart. Similarly, right side was puncturing the ::: Downloaded on - 01/03/2014 00:11:36 ::: 15 465.11crapl lung. All the internal organs were pale and congested.
Viscera of stomach and its contents, pieces of lung, kidney, liver and uterus, so also blood sample was taken in separate bottle. She also deposed that,the cause of death of Pournima was hemorrhagic shock due to multiple injuries to vital organs. All the injuries were antemortem. She further deposed before the Court that, she prepared post mortem and she identified her signature when she was confronted with post mortem report (Exhibit-57). She has also identified her hand writing. She further deposed that, provisional death certificate was also issued by her (Exhibit-58). She specifically stated that, all the external injuries caused to Pournima so also internal injuries might be caused due to Scissor's blows, shown to her (Article-9). She further stated that, she has also prepared diagram of the injuries giving details of the injuries on separate sheet. The said sheet is part and parcel of Exhibit-57.
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7. It appears that, PW-10 Dr. Pratibha Rangnath Ambad was cross examined by the defence Counsel. Except that, she has not mentioned the age of the injuries specifically on post mortem report, nothing substantial has been yielded by the defence from her cross examination. However, upon perusal of her cross examination, she voluntarily stated that, ages of the injuries and blood were fresh, though it was specifically not mentioned that, ages were fresh. She further stated that, age of the injuries was mentioned on the basis of colour of the blood and colour of the injuries. Other factors are not mentioned specifically in post mortem report. She denied that, she cannot state the age of the injuries. She specifically stated in her cross examination that, the injuries were caused due to sharp weapons. Therefore, upon careful perusal of the evidence of PW-10 Dr. Pratibha Ambad, it is abundantly clear that, the injuries mentioned in post mortem report were antemortem and also she has stated that, internal injuries were possible by Scissor's blows. Therefore, the ::: Downloaded on - 01/03/2014 00:11:36 ::: 17 465.11crapl medical evidence clearly establishes that, the victim died homicidal death and therefore, possibility of accidental or suicidal death is completely ruled out. There were as many as ten external injuries and also there were internal injuries.
8. The important question which arises in the present case is ; who is the author of the injuries inflicted on the victim? It is admitted position that, on 19/04/2009 accused Mahaveer shifted his household articles from the house of Namdeo Kadaji Kaiwade and went to reside in the house of PW-5 Krishna Vasant Upare, as a tenant. It is also admitted position from the record that, the victim Pournima, wife of the accused Mahaveer had left his house some days prior to the incident and she came to his house only on 19/04/2009 at the time of shifting of household articles.
Almost all the prosecution witnesses have stated that, the accused shifted as tenant in the house of Krishna Upare on 19/04/2009.
::: Downloaded on - 01/03/2014 00:11:36 :::18 465.11crapl . The important aspect which is to be considered is that, what had happened on 19/04/2009 and thereafter, which would throw light on the occurrence of the incident. In this respect, it would be worthwhile to refer the evidence of PW-5 Krishna Vasant Upare, land lord of accused Mahaveer, PW-6 Chaya Rajendra Bedarkar, PW-7 Satish Bhimashankar Bedarkar and PW-8 Ankush Rambhau Bagade, who were neighbours of the accused Mahaveer and therefore, their evidence assumes importance.
9. PW-5 Krushna Vasantrao Upare who was landlord of accused Mahaveer stated that, he was residing in the front 4-5 rooms and 7 rooms on the back side were given on rent.
The accused Mahaveer was residing in the last room in south-
east corner of his house. He was in possession of one room only. The accused came to reside in his house on 19/04/2009 alongwith all household articles. He came in the ::: Downloaded on - 01/03/2014 00:11:36 ::: 19 465.11crapl evening. He further deposed that, when he came in the night at his house, his mother told him that, the room was given to the accused on rent. She also told that, rent was fixed at Rs. 450/- p.m. He further stated that, on 20/04/2009 in the morning, the other tenants came to him and told that, new tenant Pournima was died. He also came to know that, she was assaulted with a Scissor. He rushed to the place of incident and saw that, Scissor was lying in the room. The blood stains were also noticed in the room. Pournima was lying dead. He further stated that, accused was doing work at Hibare Machjine Agency. The said agency was for repair of sewing machine. He was doing said work since 2-3 years. He further stated that, his other tenants one Chaya and one Bagade were residing near the room given on rent to the accused. In his cross examination, he has stated that, since Scissor was lying at the spot of incident, he thought that, Pournima might have assaulted with Scissor. Though this witness has not himself witnessed the incident, his evidence ::: Downloaded on - 01/03/2014 00:11:36 ::: 20 465.11crapl is important. In his evidence he has stated that, one room was given on rent to the house. He noticed Scissor at the spot and also the blood stains.
10. PW-6 Chaya Rajendra Bedarkar stated in her deposition that, she was residing as a tenant in the house of one Krushna Upare at Shaniwarpeth Beed. Her husband's brother was also their neighbour. One Ankush was also their neighbour. She has further deposed that, on the date of incident the accused came to reside in her neighbouring room alongwith his wife and children. They came at about 7-00 p.m. They brought house hold articles with them. This witness further stated that, at that time there was some quarrel between the accused and his wife as soon as they came there. She further stated that, wife of the accused took a bite to the small finger of hand of the accused. The neighbourers including this witness tried to convince them.
However, the quarrel was continued. Thereafter, this witness ::: Downloaded on - 01/03/2014 00:11:36 ::: 21 465.11crapl left the house of the accused. The PW-6 has narrated the incident which had taken place at 7-00 p.m. onwards.
According to PW-6 Chaya Bedarkar, she got up at about 3-30 to 4-00 a.m. She noticed that, quarrel between the accused and his wife was still going on. The accused did not open the door and therefore, they saw from the window and noticed that, the victim is in injured condition. She was having injuries on stomach. The accused Mahaveer was inside the house. The accused assaulted his wife with Scissor used for cutting clothes. The accused thereafter went away alongwith his children. Blood stains were found in the room. It further appears that, this witness got up in between 3-30 to 4-00 a.m. so as to collect tap water. Since tap connection was on the top of the house of owner, he used to release the water through pipe in the morning for all the tenants.
. In the cross examination, PW-6 Chaya Bedarkar has reiterated that, she was residing as tenant in the said ::: Downloaded on - 01/03/2014 00:11:36 ::: 22 465.11crapl premises. Usually, she herself and her husband used to leave the house at 7-00 a.m. for work and she used to come back from work at about 5-00 p.m. She stated that, on the date of incident, she came from work at about 5-00 p.m. The accused came with his wife and children at about 7-00 to 7-30 p.m. and not prior to that alongwith his household articles. This witness has stated the incident in relation to what had happened after 7-30 p.m. till this witness went to her house. The statement as appearing in the cross examination that, thereafter this witness did not go to see as to what was going on in the house of the accused, is in relation to the incident which had taken place after 7-30 p.m. It is nothing to do with what had happened in the morning hours. She has specifically stated that, she got up at about 3-30 to 4-00 a.m. so as to collect the tap water since the connection was on the top of the house of the owner and he used to release the water through pipe in the morning for all the tenants. This witness has specifically stated that, during ::: Downloaded on - 01/03/2014 00:11:37 ::: 23 465.11crapl morning hours she noticed that, quarrel between the accused and his wife was going on. The accused did not open the door. Therefore, she saw from the window and noticed that, the wife of the accused was in injured condition. She was having injuries on her stomach. The accused Mahaveer was inside the house. The accused assaulted his wife with Scissor used for cutting clothes. The accused thereafter ran away alongwith his children. Blood stains were found in the room.
Therefore, the evidence of PW-6 Chaya Bedarkar unequivocally indicate that, accused Mahaveer was present inside the house and not only that, but there was a quarrel and accused assaulted his wife with Scissor used for cutting clothes. Thereafter, the accused ran away alongwith his children.
11. PW-8 Ankush Rambhau Bagade in his deposition before the Court stated that, he was residing in the house of Krushna Upare i.e. PW-5, as tenant in Shaniwarpeth Beed.
::: Downloaded on - 01/03/2014 00:11:37 :::24 465.11crapl There were other tenants also on the back side of the house, including Rajendra Bedarkar, Chaya and the accused. The accused came to reside as a tenant on the date of incident itself. The accused came alongwith his wife and two small children, out of which, one was daughter and one was son.
He further deposed that, there was quarrel between the accused and his wife on the very day in the night.
. This witness i.e. PW-8 Ankush Bagade was cross examined by the defence, however, his evidence is relevant to the extent that, there was quarrel between the accused and his wife in the said night. Therefore, his evidence to the extent that, the accused came to reside in the house of PW-5 Krishna Upare on the date of incident and some quarrel took place between the accused and his wife in the night supports the prosecution case.
12. PW-9 Rameshwar Saudagar Tat has deposed ::: Downloaded on - 01/03/2014 00:11:37 ::: 25 465.11crapl before the Court that, on 19/06/2009 he was posted as Police Station Officer at police station, Peth, Beed. He investigated the case and also collected medical evidence, also sent some articles to Chemical Analyser. He identified the letters at Exhibits-45 and 46 and C.A. reports at Exhibits-47 to 51. He was not cross examined by the defence.
13. PW-11 Sayyad Imtiyaj Sayyad Iqbal is the panch witness to the recovery. PW-12 Anil Madhav Andhale has stated in his deposition before the Court that, he was attached to police station Peth, Beed from last two years before the date of incident. On 20/04/2009 he was present on duty when one Mahaveer Mahajan, who was present before the Court as accused, came to police station at about 7-00 to 7-15 a.m. The accused was with his daughter aged about 3 years and son aged about 2 years. Accused Mahaveer gave statement to Police Inspector Mr. Sudke and the said statement was reduced into writing as per his say.
::: Downloaded on - 01/03/2014 00:11:37 :::26 465.11crapl The said statement was given by accused to P.I. Mr. Sudke and accordingly, Mr. Sudke dictated the same to PW-12 Anil Andhale. Accordingly, he reduced it into writing. The said statement (Exhibit-63) was shown to this witness and he identified his hand writing and signature of accused Mahaveer and signature of P.I. Mr. Sudke.
14. The inquest panchnama is at Exhibit-66. It shows that, head of the deceased was intact. However, on chest and stomach there were number of injuries. The inquest panchnama further discloses that, the left leg, private part and back of the deceased is safe. It further discloses that, injuries caused are by Scissor. Other details are also given in the said inquest panchnama. It appears that, the clothes of the deceased were seized. As already observed, the accused was arrested on 20/04/2009 at about 7-30 p.m. It further appears that, the Investigating Officer sent clothes of the deceased and also blood recovered from the spot and clothes ::: Downloaded on - 01/03/2014 00:11:37 ::: 27 465.11crapl of the accused, Scissor and also blood sample of deceased and accused was sent to Chemical Analyser.
15. PW-15 Vishwas Baliram Gavare deposed before the Court that, he was serving as Medical Officer from November, 2007 at Government Hospital, Beed. He examined Mahaveer i.e. accused. On 21/04/2009 he was referred by P.I. Mr. Sudke, police station Peth, Beed and on examination he found bite mark on left little finger on the hand of the accused and abrasion on left thigh 2 x 1 cm. He opined that, both the injuries were within 24 hours and simple in nature and to that effect, he issued injury certificate (Exhibit-76).
Said injury certificate was identified by him before the Court.
He also stated that, said certificate bears his signature.
. The C.A. reports are at Exhibits-47 to 51. It appears from the C.A. reports that, blood group of the deceased Pournima was 'B' and that of accused is also 'B'. It ::: Downloaded on - 01/03/2014 00:11:37 ::: 28 465.11crapl is also clear from C.A. reports that, clothes of the accused as well as deceased were stained with blood group 'B'.
16. From the evidence discussed herein above, it has been established by the prosecution that, the accused shifted his house hold articles from his earlier residence to the house of Krishna Upare on 19/04/2009 in the evening. He went alongwith his wife and two small children in the house of Krishna Upare on the same day and occupied tenanted premises, there was quarrel between him and his wife. Said quarrel was continued in the night. It further appears from the evidence on record that, even quarrel was going in the morning till 4-00 a.m. i.e., till the accused left his house alongwith two children. It is proved through version of eye witnesses that, the accused was present in the house during night alongwith his wife and children till he left house at about 4-00 a.m. His wife found dead with multiple injuries in his house. The accused/appellant had taken defence of alibi, ::: Downloaded on - 01/03/2014 00:11:37 ::: 29 465.11crapl however, he could not prove his defence. He did not examine himself on oath or examined any witness to prove his plea of alibi. As against this, all tenants of Krishna Upare and other witnesses stated the fact that, the accused was in the house till 4-00 a.m. The evidence of PW-6 Chaya Bedarkar is specific that, during 3-30 to 4-00 a.m. she heard the quarrel going on in the house of the accused. He was not opening the door, therefore, PW-6 alongwith others saw inside the house through window. They witnessed that, the accused was assaulting his wife by Scissor. She has sustained injuries and after the said incident, the accused left his house with his two children. The fact that, the appellant/accused left his house early in the morning has been stated by PW-6 Chaya, and it has also come in the evidence of PW-12 Anil Andhale that, he was on duty on 20/04/2009 when the accused came to the police station at about 7-00 to 7-15 a.m. alongwith his daughter aged about 3 years and son aged about 2 years.
This version of PW-12 Anil is corroborated by the evidence of ::: Downloaded on - 01/03/2014 00:11:37 ::: 30 465.11crapl PW-6 Chaya that, the accused/appellant left his house early in the morning at 4-00 a.m. alongwith his children. There is overwhelming medical evidence which would suggest that, death was homicidal. The possibility of accidental or suicidal death is completely ruled out. Therefore, if the evidence of PW-5 Krishna Upare, PW-6 Chaya Bedarkar, PW-8 Ankush Bagade, medical evidence and all other evidence is considered in its entirety, the prosecution has established that, the accused/appellant was author of the injuries inflicted on the victim and as a result, she died. It has come on record that, blood group of deceased was 'B'. The C.A. report lends support to the prosecution story, inasmuch as blood stains of group 'B' were found on the clothes of the accused. It is also clear from C.A. reports that, clothes of the accused as well as deceased were stained with blood group 'B'. It appears from the C.A. reports that, blood group of the deceased Pournima was 'B' and that of accused was also 'B'.
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17. In the light of entire evidence discussed hereinabove, there is cogent and convincing evidence which would clearly indicate that, the appellant/accused has committed murder of his wife. We have reappreciated the entire evidence and we find that, the impugned judgment and order and the findings recorded therein, are in consonance with the evidence placed on record. There is no slightest room for doubt that, the appellant/accused was author of the injuries inflicted upon the victim and as a result, she died.
Therefore, we concur with the reasons recorded by the Sessions Court, Beed while convicting the appellant/accused.
No case is made out for interference in the impugned judgment and order. The appeal is devoid of any merits, hence same stands dismissed.
18. Original Record and Proceedings should be sent back to the concerned Court forthwith.
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19. We quantify Rs. 5000/- (Rs. Five thousand only) towards fees of appointed Counsel Mr. Abhishek Kulkarni for appellant.
sd/- sd/-
[ V.M. DESHPANDE, J.] [ S.S. SHINDE, J.]
Tupe/17.2.14
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