ALKA SHRIKRUSHNA KAWARE Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) The appellants-original accused, by way of the present criminal appeal fled under Section 374 (2) of the Code of Criminal Procedure, 1973 have challenged the legality and validity of judgment and order dated 16.12.2019 passed by the learned Additional Sessions Judge, Akola in Sessions Trial No.13/2012. By the said judgment and order, the appellants were convicted for the ofence punishable under Section 302 read with Section 34 and 120-B of the Indian Penal Code for committing the murder of Vinod Manohar Pawar and all the appellants were sentenced to sufer rigorous imprisonment for life and to pay fne of Rs.3,000/- each, in default of payment of fne amount, they are further directed to undergo simple imprisonment for the period of two months. The appellants are further convicted for the ofence punishable under Section 201 read with Section 120-B of the Indian Penal Code and are sentenced to sufer rigorous imprisonment for 3 years and to pay fne of Rs.2,000/- each, in-default of payment of fne amount, they are further directed to undergo simple imprisonment for the period of one month.

(2.) It is the prosecution case that on 12.10.2011 Shri Manohar Ramdas Pawar, the father of deceased Vinod Manohar Pawar, resident of Ajani Khd., Tah. Barshitakli, Dist.Akola lodged complaint against the appellants at Barshitakli Police Station, stating that accused Alka on 11.10.2011 at about 9.00 to 9.30 pm, by making phone call to deceased Vinod Manohar Pawar had called him to her house and all the appellants by strangulating him had killed him and made show that he had committed suicide. During the course of investigation, the investigating ofcer recorded the statements of various persons which revealed that deceased Vinod was having illicit relations with Alka i.e. appellant no.1 and, therefore, her husband Shrikrushna Nagorao Kaware i.e. accused no.3 and his relatives i.e. accused nos.2, 4 and 5 were having grudge on the deceased. They had threatened him that they would kill the deceased. Therefore, accused Alka called Vinod to their house by giving him phone call and, thereafter, they strangulated his neck by their hands, legs, elbow and killed him. They hanged him with the rope in the house of accused Alka to make show that the deceased Vinod hanged himself. The investigating ofcer, during investigation seized rope and sickle from the spot of incident. He also sought report as to the cause of death of the deceased from the doctor, who conducted the postmortem on the dead body of the deceased. From the postmortem report it transpired that the hyoid bone of the neck of the deceased was fractured and there were blood clots on the right side of his neck. The doctor gave opinion that the death of deceased was caused as he was strangulated by hands, legs and elbow. On the basis of the investigation carried out by the investigating ofcer the charge-sheet came to be fled against the accused. The charge was framed by the learned Trial Court on 21.01.2012. During trial, the prosecution examined ten witnesses. After the evidence of the prosecution is over, the statements under Section 313 of the Code of Criminal Procedure of the accused were recorded. The defence examined doctor, who treated the deceased at the hospital, as their witness. After hearing the arguments, the learned trial Judge has passed the order of conviction and also awarded sentence, as set out earlier hereinabove.

(3.) We heard Shri Anil S. Mardikar, the learned Senior Counsel for the appellants-accused and Mrs. S.V. Kolhe, the learned Additional Public Prosecutor for the respondent-State.