CRIMINAL APPEAL NO. 240 of 2007 1

  IN THE SUPREME COURT OF INDIA CRIMINAL APPELLATE JURISDICTION

CRIMINAL APPEAL NO.  240 OF 2007

 DHONDIRAM  ..... APPELLANT

VERSUS

STATE OF MAHARASHTRA  ..... RESPONDENT

O R D E R

1. We have  heard the  learned counsel  for the  

parties.

2. The only prayer made by the learned counsel  

is  that  the  case  of  the  appellant  fell  within  

Exception IV of Section 300 of the Indian Penal  

Code.  We see from the evidence in the case that  

this  cannot be the position in this matter.  It is  

the admitted position that the appellant had been  

estranged  from  his  wife,  Archana,  who  had  

accordingly  gone  to  live  with  her  maternal  

grandmother, the deceased.  It is in evidence that  

three days prior to the incident the appellant had  

gone to the home of the deceased and had insisted  

that his wife return with him and on her refusal to  

do so he had quarreled with her.  It is also in  

evidence  that  the  appellant  had  returned  to  the  

house of the deceased a little after midnight three

CRIMINAL APPEAL NO. 240 of 2007 2

days thereafter and caused an injury to his wife  

with  an  axe  and  when  the  deceased  attempted  to  

intervene he caused her a very severe injury on the  

middle of the head leading to her immediate death.  

The post mortem report reveals a fracture of the  

parietal bones across the skull.  We also find that  

in the facts mentioned above, that the murder was  

pre-meditated  that  the  appellant  took  undue  

advantage of his position and committed the murder  

of a helpless old woman who was in fact urging  the  

wife of the appellant, to return to her matrimonial  

home.  We thus find no merit in this appeal which  

is, accordingly, dismissed.   

......................J  [HARJIT SINGH BEDI]

......................J    [C.K. PRASAD]

NEW DELHI JULY 29, 2010.