ASHOK Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) This criminal appeal arises from final order and judgment dated 13 December 2010 of the High Court of Bombay, Nagpur Bench in Criminal Appeal No. 296 of 2010 whereby the High Court has upheld the conviction and sentence of the accused-appellant. The accused-appellant was convicted by the Sessions Judge, Gadchiroli for offences under Sections 302, 201 and 498A of Indian Penal Code, 1960, for the murder of his wife Shubhangi and two daughters being Namrata and Janhavi. He was sentenced, inter alia, for life imprisonment and a fine of Rs.1 lakh, and in default of payment of fine, rigorous imprisonment of five years, for offence under Section 302 of the Indian Penal Code. Sentences for offence under Sections 201 and 498A of Indian Penal Code were to run concurrently.

(2.) The facts of the case are that Ashok, the appellant herein was the husband of Shubhangi, (deceased herein) and they had two daughters, Janhavi (5 years old) and Namrata (3 years old), both deceased. The accused- appellant and Shubhangi were married on 4th May, 2001 according to customs.

(3.) On the fateful day, i.e. 26 August 2008, as accused-appellant puts the story is that he took half day's leave from his school to visit to Wadsa, a nearby village, with his wife and 2 daughters to buy clothes and other things. On his way back, the fuel in his bike exhausted and, therefore, he dropped his wife and two daughters at the H.P. Gas station where there was a hotel also. He went to get the fuel and returned in 15-20 minutes. When he reached back, he found Shubhangi, Namrata and Janhavi missing from the place where he had dropped them. He has stated that after looking around he thought they might have left for village so he headed towards the village but he could not find them. He lodged a missing report next day at 9.30 am and also informed the family of Shubhangi that she, along with both the daughters, was missing. The father and mother of Shubhangi visited the accused-appellant at the place of Haribhau, accused's friend, where the accused was at that time. But, allegedly the accused did not talk to the parents of Shubhangi properly and left in search of his wife and 2 daughters.