Case Note & Summary
The appeal arose from the judgment and order dated 7th September, 2013, passed by the Additional Sessions Judge, Dhule in Sessions Case No.76 of 2012, convicting the appellant Baban Padavi Pawara for the offence punishable under Section 302 of the Indian Penal Code and sentencing him to suffer rigorous imprisonment for life and to pay a fine. The prosecution case was that on 31st December, 2011, at about 10.00 to 11.00 p.m., in the house of the accused at Shashtri Nagar, Boradi, the accused demanded money from his wife Kavita for consuming liquor. When she refused, a quarrel ensued and the accused beat her with a stick on her back, stomach, and head, causing her death. The incident was witnessed by Arti, the minor daughter of the accused. The accused locked the door from inside and absconded the next morning. Arti’s maternal uncle, Manohar Pawara, arrived and she narrated the incident, leading him to lodge a report, upon which Crime No.1 of 2012 was registered under Section 302 IPC. Investigation included inquest panchnama, seizure of clothes and the stick, spot panchnama, and arrest of accused on 2nd January, 2012. Dr. Purushottam Agrawal conducted postmortem and noted multiple external and internal injuries, including fractures of ribs, parietal bone, femur, and rupture of vital organs, opining that the death was due to cardio respiratory failure due to hemorrhagic shock from injuries to vital organs and multiple fractures, and that such injuries were possible by the stick shown. The trial court convicted the accused. In appeal, the High Court heard arguments; the appellant’s counsel relied on K. Venkateshwarlu vs. State of A.P. and Manisha vs. State of Maharashtra. The Court examined the evidence of five witnesses, including the informant, panch, the child eye-witness Arti, investigating officer, and medical officer. The Court noted the homicidal nature of death from medical evidence and the testimony of the child witness who described the beating and identified the stick. The cross-examination of the child witness revealed that both parents consumed liquor, and surrounding huts existed. The provided judgment text concluded before any legal analysis or final decision was rendered, thus the final outcome and ratio decidendi are not available in the excerpted portion.
Issue of Consideration
Whether the trial court rightly convicted the appellant for offence punishable under Section 302 IPC based on the evidence of eye witness (minor daughter) and medical evidence.
