MOTIRAM MAROTRAO BHONGADE Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) By this appeal the appellants take exception to judgment and order dated 30th July, 2005 passed by 3rd Ad hoc Additional Sessions Judge, Nagpur in Sessions Trial No.504 of 2001 convicting the appellants/ accused for the offences punishable under Sections 302,304-B, 498-A and 201 read with Section 34 of the Indian Penal Code. By the impugned judgment they have been sentenced to undergo imprisonment for life and to pay fine of Rs.One Thousand each in default to suffer rigorous imprisonment for six months on the first count, to suffer rigorous imprisonment for seven years on the second count, to suffer rigorous imprisonment for six months and to pay fine of Rs.Five Hundred each, in default to suffer rigorous imprisonment for six months on third count and to suffer rigorous imprisonment for one year and to pay a fine of Rs.Five Hundred each in default to suffer rigorous imprisonment for six months on the fourth count.

(2.) Briefly the prosecution case is as under:

(3.) It is further case of the prosecution that the accused purchased plot at Tarsa and started construction of new house and as such they were in need of money and hence, they continued ill-treatment and harassment of deceased. Accused No.4, though married, was staying with her parents and brother. All the accused hatched a plan on the intervening night of 04.07.2001 and 05.07.2001 and caused death of Sarita by strangulation by means of nylon rope. The family members of deceased were informed about the death and they came to the house of the accused and saw dead body of Savita in the verandah of the house. They saw ligature mark on the neck of Savita and also saw black marks on her thigh and knee. Since Savita was not ill and her death had occurred all of a sudden her mother Girijabai P.W. 3 lodged report Exh. 19 at Kanhan Police Station requesting the police to make necessary inquiry. On the basis of the said report Merg was registered and inquiry was conducted by P.S.I. Y. S. Deshmukh. He visited the place of incident and performed spot panchnama Exh.23 and inquest panchnama Exh.24 in the presence of panchas and sent dead body for post-mortem examination. Post-Mortem on the dead body of Savita was conducted by Dr. Manju Rathi P.W. 9.