Criminal Appeal No. 24 of 1992. Case: Ghansham s/o Narayan Ninawe Vs State of Maharashtra. High Court of Bombay (India)
| Case Number | Criminal Appeal No. 24 of 1992 |
| Counsel | For Appellant: Mr. Daga, Adv. and For Respondents: H. Ahmed, Adv. |
| Judges | B. U. Wahane , J. and R. M. Lodha, J. |
| Issue | Indian Penal Code (45 of 1860) - Section 304(I) |
| Citation | 1996 CriLJ 27 |
| Judgement Date | August 11, 1995 |
| Court | High Court of Bombay (India) |
Judgment:
R. M. Lodha, J.
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The Addl. Sessions Judge, Nagpur, on 19-11-1991, after trial in Sessions Case No. 37/91, State of Maharashtra v. Ghansham Narayan Ninawe, has convicted the accused/appellant for the offence punishable under Section 302 I.P.C. and sentenced to undergo imprisonment for life for having committed murder of his wife Shakuntaladevi.
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Mr. Daga, learned counsel for the accused/appellant, candidly submitted that the prosecution has amply established the involvement of the accused/appellant which ultimately resulted in death of Shakuntaladevi and he does not have much to say on this aspect of the matter, but, according to him, for death of Shakuntaladevi, wife of the accused/appellant, he could not be held guilty of committing culpable homicide amounting to murder, but he could be held guilty of culpable homicide not amounting to murder, and, therefore, the accused/appellant could be convicted only under Section 304 IPC. According to Mr. Daga, it is single blow case and the accused/appellant had no intention to cause death or for causing such bodily injury of deceased Shakuntaladevi and he had only knowledge to cause such bodily injury which was likely to cause death, the offence committed by the accused/appellant would be covered in Part-II of Section 304 of I.P.C.
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Mr. Ahmed, learned Addl. Public Prosecutor, after referring to the evidence on record, also submitted that it would be difficult for him to support the conviction of the accused/appellant for the offence punishable under Section 302 of I.P.C., and according to Mr. Ahmed, though the accused/appellant inflicted only one blow by Gupti (article 7) on the person of deceased Shakuntaladevi, the nature of the injury caused and the fact that as a result of that injury which was caused on the most vital part namely the chest, the accused/appellant had intention to cause bodily injury to the deceased Shakuntaladevi which was likely to cause death and, therefore, the act of the accused would be covered under Part-I of Section 304 of IPC.
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How a normal human urge and physiological demand of having sex with spouse could result in a crime, is unfolded in the present case. The accused/appellant Ghansham Ninawe is a middle aged man and about 50 years old. The deceased Shakuntaladevi was his wife and out of the wedlock, six sons and one daughter were born. PW. 1 Prabhakar, the eldest son, on the date of incident, was about 22 years old, and P.W. 7 Shravan, another son, was about 20 years old at the time of the incident. On 5-10-1990, at wee hours, the...
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