JOHN VASANT KHANDAGALE Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) The appellant filed this appeal challenging the judgment and order passed by VII Addl. sessions Judge, Thane, in Sessions Case No.178/1988 whereby the appellant was convicted for the offence under Section 304-B of IPC and sentenced to undergo R.I. for seven years and was also convicted under Section 498-A of IPC and was sentenced to undergo R.I. for three years and to pay fine of Rs.200/-.

(2.) To state in brief, the prosecution case is that deceased Tai @ Urenica, daughter of PW-6 Vinayak and PW-7 Babanbai, was married to the accusedappellant about 5 years before her death. She always used to make complaint before her parents and sister PW-8 Margaret about the demands of money by her husband and quarrels on that count. On 18.12.1987 at about 1.30 a.m. her dead body with number of stab and incised wounds was found near I.O.W. office at Kalyan. Police on patrolling duty found the dead body and after enquiry, her identity was fixed. Immediately thereafter, inquest panchnama was drawn and FIR was lodged by police and Crime No.81/1987 was registered with Bazarpeth Police Station, Kalyan under Section 302 of IPC against unknown person. After that her parents were contacted and it was revealed that the accused used to beat and ill-treat his wife on account of demand of money. Therefore, the accused came to be arrested on 7.1.1988. According to prosecution, on the basis of information given by the accused, a knife which was allegedly used as a weapon of offence and his clothes were seized under a panchnama. The property was sent to C.A. and report also received. After investigation, police filed charge-sheet for the offences under Sections 302, 304-B and 498A of IPC against the accused.

(3.) The accused pleaded not guilty and he denied all the allegations about the demand of money and ill-treatment to his wife.