SHANKAR RAGHO BHAGANE versus STATE OF MAHARASHTRA

Citation: [2008] 3 S.C.R. 812 · Decided: 04-03-2008 · Supreme Court of India · Bench: ARIJIT PASAYAT · Disposal: Dismissed

Judgment (excerpt)

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" 
I 
SHANKAR RAGHO BHAGANE v. STATE OF . 
813· 
MAHARASHTRA [DR. ARIJIT PASAYAT, J.] 
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Court rlghtly rallad on her evidence. (P.aras 6 and 7) . A 
[616·C·FJ 
. 
1.2. PW2 11 th• 1l1ter of the accuaad •. Sha 1110 
graphically d11crlb1d the conduct of the accused before 
the Incident. Th• 1ccu1ed had threatened to 1et her hou11 
on fire and cut her l1g1. According to her, tho accuaod . B 
waa unhappy with her 11 1h1 waa looking after hla 
par1nt1. There 11 nothing dlacrepint In her evidence to 
caat doubt on her t11tlmony. [Para BJ [81 B·F, G, HJ 
1.3 The pro11cutlon ca11 haa been 11tabllahed. In c 
1plta of d1tall1d cro11°1xamlnatlon ·nothing Infirm has 
1llclt1d from PW3. Th• Trial Court and tho High Court were 
Ju1tlfl1d In holdlrig th1 accuaed guilty and convicting him 
·for offence punl1habl1 under 11ctlon 302 IPC. [Para DJ 
[B17·A, BJ 
. 
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0 
.· CRIMINALAPPELLATE JURISDICTION: CrlmlnelAppeal 
No. 439 of 2008 
· 
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From tho final Judgmont and Order dated 22.9.2004 of 
tho High Court of Judicature 111 Bombay In Criminal Appe11I No. 
210/2000. 
E 
O.M. Nargolkar for tho Appollant. 
Su11hll K11r11nJk11r and R11vlndr11 Ke11h11vr110 Ad11ur11 for the 
Ro1pondont. 
· 
· • 
. Tho Judgment of tho Court w1111 dollvorod by 
F 
' CR. ARIJIT PAIAYAT, J, ~. l.@llVO gn~nl@d; 
2. Ch11ll11n1111 in lhi111i1pp1111I i11 lo tho judgm11ril pft111111d by B 
Oivi11icm 011nch of lh11 Oombay High Court di11mi:n1ing lh111i1pp1111I 
fi111d by Iha app11llanl qu11111ionin11 hill conviction for off11n~11 a 
puni11habl11 und11r ~11clion 302 of lh11 lndi11n fl@nal Cod@, 1131:10 
(in 11hort 'lflC') and 11@nl@ne@ for imprilrnnm@nl for lifi::i, 
... 
3, Oaekgrnuml f11cl11 in Iii ~yl!lh11ll 11r11 a11 follow!!; 
-~ 
·,. 
~ 
ih11 ea!l11 of lh11 prn1111eulion unfold@d al lhi::i lrial may bri@fiy H 
814 
SUPREME COURT REPORTS 
[2008] 3 S.C.R. 
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.... 
A 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 
B 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 
1 
assaulted his wife and hence she had taken shelter in the house 
of neighbour. The accused did not look after his parents. 
c 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 
D accused was frustrated, he was angry with his mother also. On 
account of that he often quarreled, abused and assaulted his 
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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 
E 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 
., 
F 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. 
The unfortunate incident had taken place on the night 
between 20th and 21st January, 1999. On that night the accused 
G 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 
H started beating his mother with stick. This incident was 
SHANKAR RAGHO BHAGANE v. STATE OF 
815 
MAHARASHTRA [DR. ARIJIT PASAYAT, J.] 
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witnessed by Darshana Daulat Bhagane (PW3) who is the A 
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 ro

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