CHETAN DASHRATH GADE Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) The present appeal seeks to challenge the impugned judgment and order dated 30th November 2018 passed by the Additional Sessions Judge, Nashik in Sessions Case No.355 of 2015 thereby convicting the appellants for the offences punishable under sections 302, 201 r/w 34 of Indian Penal Code and sentencing them to suffer life imprisonment and to pay fine of Rs.1,000/- each, in default, to suffer two months simple imprisonment.

(2.) The case of the prosecution is as under :

(3.) On 23rd August 2015, father of the deceased Rupali i.e. P.W.1 had called upon her father-in-law Dashrath and intimated to him that he would come to Shindvad to fetch Rupali to her maternal house on the occasion of Raksha Bandhan. However, at about 1.30 pm, accused no.3/appellant no.2 - Akshay informed P.W.1 that his sister-inlaw i.e. Rupali is no more. At about 2.50 pm, the father of the appellant - Dashrath Gade approached Vani Police Station and informed that he had been to Khambala to participate in the 10th day rituals of his relatives. At about 11.00 am, his elder son Chetan had informed him that his wife Rupali had attempted suicide by hanging in their residential house but he suspected that she had not died and therefore, he is taking her to the Doctor. Dashrath Gade had then reached Vani Hospital and he was informed that Rupali had died. On the basis of his report, A.D. No.38/2015 is registered at Vani Police Station. The said report is marked at Exh.152.