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CASE NO.: Appeal (crl.)  439 of 2008

PETITIONER: Shankar Ragho Bhagane

RESPONDENT: State of Maharashtra

DATE OF JUDGMENT: 04/03/2008

BENCH: Dr. ARIJIT PASAYAT & P. SATHASIVAM

JUDGMENT: J U D G M E N T

CRIMINAL APPEAL NO.        439        OF 2008 (Arising out of S.L.P. (Crl.) No.6437 of 2006)

DR. ARIJIT PASAYAT, J.

1.      Leave granted. 2.      Challenge in this appeal is to the judgment passed by a  Division Bench of the Bombay High Court dismissing the  appeal filed by the appellant questioning his conviction for  offence punishable under Section 302 of the Indian Penal  Code, 1860 (in short ’IPC’) and sentence for imprisonment for  life. 3.      Background facts in a nutshell are as follows:

The case of the prosecution unfolded at the trial may  briefly be stated thus:     

Girja Ragho Bhangne (hereinafter referred to as the  ’deceased’) from village Wavghar was the mother of the  accused.  Parvati Sakharam Kanim (PW2) is the married  daughter of the deceased.  She is given in marriage in the  same village.  The deceased-Girja was pretty old and blind.   Her husband was also blind and deaf.  The accused and his  parents were residing together.  The accused often quarreled  with and assaulted his wife and hence she had taken shelter  in the house of neighbour.  The accused did not look after his  parents.  Therefore, there was nobody else to look after the  deceased and her husband. Parvati (PW2) was looking after  her blind parents and providing them meals, breakfast and all  other things from her own house.  The accused did not like it.   Therefore, he was angry with his sister.  It appears that the  marriage of the accused was frustrated, he was angry with his  mother also.  On account of that he often quarreled, abused  and assaulted his mother.  One day before the date of incident  Parvati (PW2) went to her parents by taking with her water for  her bath.  She told the mother to take bath.  But the deceased  told her daughter that she was beaten by the accused at night  time and hence there were pains in her body.  She also told  that she would take bath later on.  Parvati (PW2) then went  back to her house by keeping water.  On the same day at night  time the accused had gone to the house of Parvati (PW2).  On  going there he threatened her that he would get her house on  fire, and he would cut her legs.  He also told her that she  should come to his house in the next day morning to see what  he was going to do.                                     

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The unfortunate incident had taken place on the night  between 20th and 21st January, 1999.  On that night the  accused went to his house.  His blind parents were in the  house.  His wife was not residing with him in the house.  On  going to the house the accused demanded meal from his blind  mother.  She could not give meal to him as she herself was  helpless and depending upon her daughter.  Thereupon, the  accused got furious and started beating his mother with stick.   This incident was witnessed by Darshana Daulat Bhagane  (PW3) who is the daughter-in-law of the accused and was  residing in the adjoining house.  The accused then went away.   The husband of Darshana (PW3), who had gone for Bhajan  returned to the house at about 1.30 a.m.  She narrated the  incident to him, but he overlooked it as he though that it was  a daily routine.        

Parvati (PW2), took breakfast and came to her parents in  the morning at about 8.00 to 8.30 a.m. on 21.1.1999.  She  called out to her mother, but there was no response.  So she  moved her hand on the face of her mother.  She also carefully  saw face of her mother. Her hand was smeared with blood.  She realized that her mother was dead.  She started weeping.   She informed of the incident to neighbours.  The neighbours  came and saw the dead body of Girja.  PW1 on getting the  information of the incident went to Dapoli Police Station and  lodged the First Information Report. The offence came to be  registered. It was investigated by Police Sub-Inspector Sanjay  Shamsunder Kurundkar (PW6).  The inquest panchnama of  the dead body was drawn.  The dead body was forwarded to  the Primary Health Centre at Phansu.  Post mortem on the  dead body was made by Dr. D.L. Khabade (PW 5).  In all, five  injuries were noticed by him on the dead body.  Injury to the  brain was also noticed.  Dr. D.L. Khabade opined that the  death was caused due to cardio respiratory failure due to  injury to brain. Head injuries were found to be enough to  cause the death in ordinary course of nature.  The Police Sub- Inspector Sanjay Kurundkar drew the scene of occurrence  panchanama.  One stick smeared with blood and on which  hair were attached was recovered from the place of offence.   The accused was apprehended.  The panchanama of his arrest  was made.  The clothes on his person were seized. Later on the  clothes of accused, stick, the clothes recovered from the dead  body of the deceased and sample of the blood of accused were  sent to Chemical Analyser, Pune for examination.  The  Chemical Analyst examined them and issued the reports.   When the investigation was over the accused was challenged  for committing murder of his mother.  The case was registered.   It came to be committed to Sessions Court for trial.   

The Trial Court placed reliance on the evidence of eye- witness PW3 and PW2.

It was held that the prosecution had established its case  beyond doubt and accordingly conviction was recorded and  sentence was imposed.  The High Court did not find any  substance in the appeal and dismissed it.   

4.      Learned counsel for the appellant submitted that the  evidence of PWs. 2 and 3 does not inspire confidence.

5.      Learned counsel for the State on the other hand  supported the judgment.                        6.      PW3 is the daughter-in-law of the accused.  Admittedly,

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she was residing in the house adjoining the house of the  deceased.  According to her testimony she saw the occurrence.   She has graphically described the scenario.                                                                                        7.      She has stated that in the night of the occurrence she  was in the house and her husband had gone to a religious  festival.  Her mother-in-law was sleeping.  She stated that she  heard the accused demanding food from her mother.  As her  mother did not give food to him, the accused started beating  the deceased which she saw.  She has also stated when her  husband came, she narrated the incident to him.  He did not  take any serious notice.  In the morning, she told her sister-in- law about what she had seen.  Her evidence does not suffer  from any infirmity to warrant rejection.  The Trial Court and  the High Court have rightly relied on her evidence.    

8.      So far as PW2 is concerned, she is the sister of the  accused.  She has also graphically described the conduct of  the accused before the incident.  The accused had threatened  to set her house on fire and cut her legs.  According to her, the  accused was unhappy with her as she was looking after his  parents.  There is nothing discrepant in her evidence to cast  doubt on her testimony.                                                                  

9.      In the instant case, the prosecution has been  established.  In spite of detailed cross-examination nothing  infirm has elicited from PW3.

10.     Above being the position, the Trial Court and the High  Court were justified in holding the accused guilty and  convicting him for offence punishable under Section 302 IPC.

11.     The appeal has no merit and deserves dismissal which  we direct.