Full Judgment Text
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.