GANESH AMBARSING KAHITE Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) This is an appeal filed by original accused No. 1 being aggrieved by the order passed by the learned Additional Sessions Judge-2, Aurangabad, in Sessions Case No. 154 of 2008 decided on 19.3.2009, whereby present appellant is convicted of the offences punishable under Sections 304-B and 498-A of the Indian Penal Code. For offence under Section 304-B of IPC, the appellant is sentenced to suffer rigorous imprisonment for ten years and to pay fine of Rs.5,000/= and for offence under Section 498-A, IPC, no separate sentence is awarded. Original accused Nos.2 and 3 are acquitted of both the offences.

(2.) Briefly stated, the prosecution case is that PW-1 Tanhabai (Exh.18), mother of deceased Sangeeta, lodged complaint on 14.3.2008 at Police Station, Karmad, stating that Sangeeta was one of her daughters and she was given in marriage to present appellant. The marriage was performed on 14.5.2006 at village Kern-Jalgaon, Taluka and District Aurangabad. After the marriage, for one month Sangeeta was treated well, but thereafter on trifle matters, she was abused and beaten by husband-appellant. It was his complaint that in the marriage, he was paid very meagre dowry and, therefore, Sangeeta should bring Rs.50,000/= from her parents for purchasing a motor-cycle. The appellant also boasted that he had killed one boy and threatened Sangeeta that if she did not bring Rs.50,000/= from her parents, he would kill her as he had killed the boy. Sangeeta used to tell about the demand, ill-treatment and threats, to her parents whenever she visited them. However, the parents used to console her and send her back. In June, 2007, Sangeeta came to her parents and started crying by saying that original accused Nos.2 and 3, who were the sisters of appellant, used to visit the house of appellant after frequency of 8-10 days and instigate him to beat Sangeeta. Both accused Nos.2 and 3 had been telling Sangeeta that if she brought Rs.50,000/= from her parents, there would not be trouble to her. The appellant had then come to parents when Sangeeta was residing with them and requested to send her back, but at the same time he demanded Rs.3000/= which were paid to him. Two months thereafter, elder maternal uncle of the appellant, by name Devising Bainade telephonically informed the parents of Sangeeta that Sangeeta was severely beaten by her husband and, therefore, they should take her back. The complainant (PW-2) therefore, went to village Feran-Jalgaon where Sangeeta was residing and noticed that there were weal marks on the person of Sangeeta. The complainant, therefore, took Sangeeta to doctor at village Shekata and treated her. Sangeeta was taken to her parental house where she resided for fifteen days. Sangeeta told her mother that for non satisfaction of demand of money, she was severely beaten by appellant. The appellant was saying that since his maternal uncle Laxman Bainade was working as Police at Aurangabad, he (appellant) could get acquittal even if he causes danger to her life. After fifteen days from the stay of Sangeeta with her parents, Bharat -the brother-in-law of the appellant, came to the parents of Sangeeta and assured that there would not be ill-treatment to Sangeeta and therefore they should send her to the house of her husband. Accordingly, Sangeeta was sent to Feran-Jalgaon. On 10.3.2008 both, Sangeeta and the appellant, had come to the temple at Mhaismal. At that time the appellant told PW-1 Tanhabai that in the marriage, they had paid very meagre dowry and therefore they should pay Rs.50,000/= to him. However, Tanhabai told that they did not have money and after getting money, they would pay to him. Appellant, however, said that such an excuse had been given for two years. He expressed his unhappiness. On 13.3.2008 Sangeeta and the appellant had come to Faren-Jalgaon. On that day at about 6.00 p.m., one Bajrang Charande telephonically informed the complainant that Sangeeta had become unconscious and asked the complainant to come to Baba Petrol Pump at Aurangabad. Accordingly, parents of Sangeeta with relatives came to Aurangabad and then went to Govt, hospital, Aurangabad, where they were told that Sangeeta was dead. They saw the dead body of Sangeeta and noticed that there was smell of poison from her nostile; there were injuries to her legs and chin.

(3.) After lodging above complaint, police registered the offence and carried out further investigation. Inquest of dead body was drawn. The dead body was subjected to autopsy. Viscera was sent to Chemical Analyzer. Before lodging complaint on 14.3.2008, on 13.3.2008 at about 9.10 a.m. A.D. was registered at Karmad Police Station on the MLC letter received from the Government Hospital, Aurangahad, regarding death of Sangeeta. Police had also drawn spot panchanama. On information given by the landlady of the house in which the appellant and Sangeeta were residing, it was noted that Sangeeta had been seen hanging with sari to a ceiling fan. Thereby suspicion was created that it was a case of suicide by hanging. After completion of investigation, charge-sheet was sent to the Sessions Court. The charge was framed against appellant and other two accused. The prosecution, in all, examined four witnesses and relying upon their evidence and documents, the order of conviction and sentence is passed which is challenged in this appeal.