VITTHAL VASANT SANAP Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) SAGACITY of the judgment and order dated 10.10.2006 passed by the Ad -hoc Additional Sessions Judge -1, Niphad, District -Nasik convicting appellants -accused on various counts as under is in question in the present appeal:

(2.) CONCISELY the prosecution case is as under: The appellant -accused Vitthal Sanap in Criminal Appeal No.1028 of 2006 is the son of the appellants in Criminal Appeal No.1042 of 2006. The deceased Savita was given in marriage to the appellant -accused Vitthal Sanap on 24.4.2004 at Mahajanpur, Tal. Niphad, District -Nasik and dowry of Rs.41,000/ - and utensils worth Rs.35,000/ - were given at the time of her marriage to the appellant -accused Vitthal Sanap. All the appellants -accused resided together at village Dharangaon Veer. The parents of the deceased Savita - Trimbak Fad and Rakhmabai Fad, and her brother Yogesh were residing at Mahajanpur Veer, Tal. Niphad, and her another brother Guruprasad was residing at Mumbai with their sister Shobha, who was given in marriage to Sampat Waliba Lokhande of Shimpi Takli.

(3.) THE police swung into action following the accidental death report and visited the spot shown by the appellant -accused Vitthal Sanap where the deceased Savita died. Inquest over the body of the deceased was conducted in the presence of the panchas. The body of the deceased was sent to Rural Hospital Niphad for autopsy. Post -mortem examination was conducted on 24.6.2004 between 10.40 a.m. to 11.15 a.m. Following the registration of the crime against the appellant -accused around 14.15 hours on 24.6.2004 at Lasalgaon police station, the accused were arrested. Police recorded the statements of the witnesses and after completing investigation, lodged a charge sheet against the appellant -accused for the offences punishable under Sections 498 -A read with Section 34 and Section 302 read with Section 34 of I.P.C. 1860 in the Court of Judicial Magistrate F.C. Niphad.