DILIPKUMAR TARACHAND GANDHI Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) THIS appeal is directed against the convictions and sentences awarded on 26-12-1990 by the First Additional Sessions Judge, Nagpur in Sessions Case No. 190 of 1986 on his file. The present appellants, who were accused Nos. 1 and 2 in that case, were convicted of an offence punishable under section 302 read with section 34 of the Indian Penal Code and were sentenced to suffer rigorous imprisonment for life and to pay a fine of Rs. 500/- each, in default, to suffer rigorous imprisonment for three months. Each of them was also convicted of an offence punishable under section 201 read with 34, Indian Penal Code and was sentenced to suffer rigorous imprisonment for two years and to pay a fine of Rs. 1000/- each, in default, to suffer further rigorous imprisonment for three months each. The substantive sentences were directed to run concurrently. Original accused Nos. 3 and 4 were acquitted in the case.

(2.) THIS appeal was initially filed before the Nagpur Bench of this High Court, but was transferred in course of time, to Bombay and was placed before us for hearing of the bail application preferred by the appellants. At the time of hearing of the application for bail the parties agreed to have the matter had disposed of finally. Accordingly, with the consent of all the parties including the learned Counsel for the original first informant, the matter was heard giving priority over all other matters.

(3.) THE facts as they transpired are as follows: The accused No. 1 appellant No. 1 is a Chemical Engineer, who had passed his post-graduation in his discipline of education and had started his own business of production of certain chemicals at Nagpur, in partnership with some other person. His family hailed from village Arvi, a Taluka place about 90 miles away from Nagpur. The appellant No. 1 had taken a rented premises at Nagpur in Laxminagar area in the bungalow belonging to P. W. No. 8-Pranlal Pathak. The tenement was a self contained block. It contained one kitchen room, one bed room, one sitting room, a latrine and a bath room on the back side, behind a passage which was abutting both to the kitchen and the bed room. Accused No. 1-appellant No. 1 was married to deceased Geeta on 22-1-1984. Geeta was a university student, doing her post graduation in M. Sc. Microbiology, at the time of her marriage. After the marriage, she continued to live for about 3 months in the Womens Hostel to complete her studies and to enable her to appear for her M. Sc. Examination. She did appear for the examination and stood first in the University. Geeta was not all in good health since before her marriage. Even after her marriage, she was all along under treatment of one doctor or the other for her ailments. Some time after April 1984 she had conceived and she was pregnant for some time. In July 1984 she had gone to Akola, to the place of her father, but, unfortunately she had developed an ailment of jaundice at Akola. As a result of that ailment, she aborted at Akola. Appellant No. 1 had gone to Akola to bring her back to Nagpur for the purposes of giving her better medical treatment at Nagpur. Her ailment continued for some time, but ultimately she got over it. Thereafter, she had again conceived and was again pregnant. At about the time of the alleged offence, which is said to have taken place on 22. 4. 1985, she was in fourth month of her pregnancy. Deceased Geeta, however, desired to make a career in Pathology and she wanted to start a Pathological Laboratory of her own at Nagpur. Thereafter, she was working with P. W. No. 13 Dr. Kane, a senior Pathologist from nagpur, till about 8 days before the incident of the offence. Geeta could not attend Dr. Kanes Laboratory for about a week before the incident of the offence on account of her ill-health. 22nd of April 1985 was an auspicious day of Akshaya Tritiya and deceased Geeta had invited her father-in-law, the accused No. 2-appellant No. 2, to Nagpur to have a brief stay with No. 1-appellant No. 1 and deceased Geeta. Accordingly, appellant No. 2 had arrived at Nagpur, at the residence of Geeta and appellant No. 1, in the evening on 21. 4. 1985.