GOKULDAS VAINGANKAR NAIK Vs. STATE OF GOA

JUDGEMENT

(1.) THE appellants stand convicted and sentenced for offences punishable under Sections 498-A and 306 read with Section 34 of the Indian Penal Code and are sentenced to suffer rigorous imprisonment for 2 years and to pay fine of Rs. 2,000. 00 each, in default simple imprisonment for one month and rigorous imprisonment for 5 years and to pay fine of Rs. 5,000. 00 each, in default simple imprisonment for 3 months respectively. It is this conviction and sentence passed by the Additional Sessions Judge-IInd. Panaji in Sessions Case No. 43 of 1999, which is being assailed before me in the present appeal.

(2.) THE facts necessary, for the decision of the appeal are stated hereunder:the first appellant was married to deceased Anjani on 16th February 1998. After marriage the name of deceased Anjani was changed to Disha. After marriage the deceased and the first appellant started residing at Bhamai. The second appellant is the mother-in-law of deceased Disha alias Anjani. According to the prosecution, deceased, Disha, wife of the first appellant, was treated well during the initial six months of her married life but, thereafter, both the appellants began to harass her and treated her with cruelty. The allegation against the first appellant was that he used to physically assault deceased Disha after consuming liquor and the second appellant was alleged to be harassing her by using abusive language. On 29th June 1999 the deceased was not found in the house by the appellants and. , therefore frantic search was undertaken for the deceased by visiting the house of her relatives, but in vain. Ultimately the dead body of the deceased was seen floating in a rivulet in Bhamai. P. W. 16 lady P. S. I. Sunita Sawant was attached to the Bicholim Police Station and she received a complaint Exhibit 32 dated 30th June 1999, signed by P. W. 10 Gangaram Salgoaonkar, brother of deceased Disha. The complaint narrated about the various instances of ill-treatment and expressed suspicion that the appellants might have killed Disha, sister of the informant P. W. 10 Gangaram. P. W. 16 lady P. S. I. Sunita registered an offence under Section 498-A read with Section 34 vide Crime No. 72 of 1999. A missing report in respect of Disha had been filed by P. W. 11 Babani Naik, brother of the first appellant.

(3.) AS submitted on 1st July 1999, the dead body of deceased Disha was noticed floating on the water of the rivulet at Bhamai. P. W. 6 Yatin Maralkar, Additional Deputy Collector, Mapusa, conducted the inquest panchanama on 1st July 1999 of the dead body of Disha after it was retrieved from the river. The said inquest panchanama, Exhibit 15, was conducted in the presence of P. W. 4 Nisha Azgaonkar. The gold ornaments on the person of deceased Disha were seized by the Police. The dead body was sent for postmortem examination and the postmortem was conducted by P. W. 1 Dr. E. J. Rodrigues, who opined that death was due to asphyxia as a result of drowning in the red mucky soil waters. The report of the postmortem examination is at Exhibit 8. The first appellant came to be arrested on 1st July 1999. During investigation the clothes of deceased Disha came to be attached under attachment panchanama Exhibit 28 in the presence of Yaseen Bepari. After recording the statement of the witnesses, the chargesheet against the present appellants came to be filed. The learned Additional Sessions Judge lind, panaji, framed a charge against the appellants for offences punishable under Sections 498-A and 306 read with Section 34 of the Indian Penal Code. Both the appellants denied the charge and claimed to be tried. In support of the prosecution case, the prosecution examined 16 witnesses. The appellants examined D. W. 1 Brahmanand Kuncolekar, who was working in the Department of Psychiatry and Human Behaviour as a Medical Superintendent.