MUKHARU KISAN TIWADE Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) THE judgment and order impugned in this appeal were passed by the learned Sessions Judge, Chandrapur, on24-11-1997 in Session Trial No. 68 of 1997, whereby he convicted accused No. 1 Mukharu son of Kisan Tiwade of the offence under Section302 I. P. C. and sentenced him to suffer imprisonment for life and to pay a fine of Rs. 1,000/- or in default to suffer R. I. for three months more.

(2.) THE case of the prosecution is as under : (A)Deceased Venubai, who was the daughter of one Kawadu Rohankar, was married to accused No. 1 Mukharu Tiwade and their marriage was solemnized in 1991. Accused No. 2 Kisan Tiwade is the father and accused No. 3 Sitabai Tiwade is the mother of accused No. 1. All the three accused and deceased Venubai were living together in a house at Halda. About two years after the marriage, Venubai was taken to the house of her uncle named Mukhru Rohankar for delivery. THE residence of Mukhru Rohankar was also at the same village, i. e. Halda. Venubai gave birth to a male child, who died within a few days. THEreafter the accused persons did not take Venubai back to their house. She was, however, taken back to the house of accused persons after about one year by the aunt of accused No. 1. (B)During the stay of Venubai at the house of accused after her delivery, she was ill-treated, harassed and beaten by the accused persons. It is the case of the prosecution that on8-12-1996 at about10.30. p. m. , the accused persons in furtherance of their common intention, killed Venubai by throttling. After having killed her, accused No. 1 Mukharu Tiwade first went to one Tulshidas Jarurkar, who was doing the medical practice in the village. Around 11. 00 p. m. , Tulshidas came to the house of the accused and after examining Venubai, declared her dead. THEn accused No. 1 went to the house of Mukhru Rohankar - the uncle of deceased Venubai and informed him that Venubai was not speaking. Mukhru Rohankar came to the house of the accused persons. He saw Venubai in a sitting position with the support of accused No. 2 Kisan. On giving call to her, she did not respond. On touching her hand, Mukhru Rohankar found that her body was cold and she was dead. He found some scratches on the face of Venubai. He suspected that Venubai was killed by the accused persons by throttling. Next morning, Mukhru Rohankar approached Police Station Pathari and lodged the report. (C)Initially, the accidental death case was registered. On the same day, the police arrived on the spot of occurrence and drew the spot panchanama and inquest panchanama. THE dead body of Venubai was forwarded for post mortem examination. THE post mortem was conducted on10-12-1996. It was revealed during the post mortem that Venubai had died due to asphyxia on account of throttling. On receipt of the post mortem report, the police registered the crime under Sections 498-A and 302 read with Section34 I. P. C. against all the three accused. THE necessary investigation was conducted and on completion of the same, the accused persons came to be chargesheeted.

(3.) AS already stated above, accused No. 1 Mukharu Tiwade was only found guilty of the offence under Section302 I. P. C. and he was convicted and sentenced, as stated earlier. The learned Judge found that the offence under Section302 read with Section34 I. P. C. was not proved against accused No. 2 Kisan and No. 3 Sitabai. Thus these accused were acquitted of that offence also.