ALLU RAVAN PAWAR Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) THROUGH this appeal, the appellant challenges the Judgment and Order dated 10th October 1995, passed by the Additional Sessions Judge, Malegaon, in Sessions Case No. 69/1994 whereby he has been convicted and sentenced in the manner stated hereinafter :- (i)Under Section 302 of I. P. C. to suffer imprisonment for life and to pay a fine of Rs. 250/-, in default to suffer R. I. for one month; and (ii)Under Section 201 I. P. C. to suffer one year's R. I. and to pay a fine of Rs. 100/-, in default to suffer 15 days R. I. The substantive sentences of the Appellant were ordered to run concurrently.

(2.) IN short, the prosecution case runs as under :- The deceased Hirabai (the wife of the appellant) was the daughter of Tanga Dalvi, P. W. 2 and Hausabai Davli, P. W. 3.She had a daughter and a son. After marriage she resided with the appellant in village Zodge, but two months prior to the incident she along with the appellant and her children came to Girna Dam where her parents Tanga and Hausabai were residing. Hirabai, the appellant and her children were residing separately from Tanga and Hausabai. She used to complain to her parents that the appellant used to beat her. On the day of holi (Shimga), which fell on 10-3-1990, sometime in the morning, Hirabai and the appellant, leaving their children at the house of Tanga and Hausbai, went for bringing fire-wood and while going they told Hausabai that they would be coming back. Tanga and Hausabai waited for them till evening. Thereafter Tanga started searching for them. He searched them at village Zodge but did not find them. He even enquired from the appellant's brother and mother about them. Five days later, i. e. on 15-3-1990 the police patil of village Malegaon came to Tanga's house and told him that a dead body of a lady was floating in the well situated in his field. The police patil (Ganpat Deoram Tribhuvan) went and informed Nandgaon Police Station about the said fact. He gave the information at the said police station to A. P. I. Dinkar Bhatt, P. W. 6 who on its basis registered case of accidental death.

(3.) THE investigation was conducted in the usual manner by A. P. I. Bhatt, P. W.6.THE appellant, who was absconding, could not be apprehended. After completing the investigation, he submitted the charge-sheet against the appellant, showing him as an absconder. It is pertinent to mention that the evidence of P. S. I. Sitaram Shinde, P. W. 5 shows that the appellant was arrested on 18-7-1994.