BAPU SUKHDEO JAGTAP Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) THE appellant-accused No. 1, alongwith his parents and the married sister was tried before the learned trial Judge in connection with an unnatural death of his wife Kalindi, on August 17, 1987 for offences under sections 302, 201, 498-A read with section 34 Indian Penal Code. The learned trial Judge has convicted the appellant alone for these offences and has imposed upon him sentence of life under section 302 Indian Penal Code, rigorous imprisonment for five years under section 201 Indian Penal Code, and rigorous imprisonment for two years under section 498-A Indian Penal Code, with direction to run the substantive sentences concurrently. It is from that judgement of the learned trial Judge, the appellant has preferred this appeal.

(2.) THE synoptical resumption of the prosecution case is as follows :

(3.) THE family of the appellant is agriculturists. They work in the field. On August 17, 1987, the parents of the appellant did not find Kalindi in the house in the evening. A search was made by them but she was not found in the village. On the next day, the appellants father went to the house of Kalindi and enquired with her parents, if Kalindi had come there. Kalindi did not go to her parents place. Thereupon, Kalindis parents accompanied by their relations PW 2 Walmik, PW 5 Narayan and PW 10 Sukhdeo came to village Kolgaon and started searching wells in the field. There is a well in the field of the appellant. The search in the well was made and dead body was found tied with rope rapped in a gunny bag with a heavy stone inside it.