PRABHUDAYAL Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) This is an appeal by the four accused persons against the judgment of the Bombay High Court dated 16th November, 1992. Appellant No. 1 who was accused No. 1 was tried for the offence of having committed the murder of his daughter-in-law Sangita, wife of appellant No. 2 who was accused No. 2, during the night between 14th September, 1984 and 15th September, 1984 at the residential house of the appellants at Murtizapur with common intention and also for having treated her with cruelty on account of dowry amount. In the alternative the appellants were also charged for the offence of having abetted the deceased Sangita in commission of suicide by subjecting her to cruelty. Appellant No. 3, who was accused No. 3, is the wife of accused No. 1 and appellant No. 4, who was accused No. 4, is their daughter. Appellants 1 to 4 are hereinafter called accused Nos. 1 to 4.

(2.) The story of the prosecution was as follows: -

(3.) During the night between 14th and 15th September, 1984 at about midnight the accused found Sangita not in her bed and smell of burning. They found that in the rear side open space Sangita was burning and lying down. According to the defence the doors were closed from inside and there was no access to the said open space. Accused No. 1 informed the police about the occurrence that he had seen through the window opening on the open space. Accused No. 1 at about 3.45 a.m. on 15th September, 1984 submitted a report (Ext. 82) to the police wherein he had stated that about 2.10 a.m. in the night Sangita was found to be burnt and died in the bathroom. PW 9, Mundheh, the Investing Officer, gave instructions to the accused persons not to disturb the situation. Initially on the report of the accused, accidental death was registered. PW 9 when reached the spot on 15th September, 1984 at about 10.00 a.m. he made spot panchnama vide Ext. 63. He also found a postcard, half burnt, (Ext. 62) by the side of the dead body. He thereafter drew inquest panchnama (Ext. 64). PW 5 Bhanudas acted as a panch. PW 9 having convinced that it was a case of murder, lodged a report on behalf of the State registering the offence punishable under Section 302 read with Section 34 of the Indian Penal Code. Dr. Lande, PW 3, on 15th September, 1984 at about 5.00 p.m. conducted the post-mortem.