NARSING Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) The Appellant was convicted for an offence punishable under Section 302 of the Indian Penal Code and sentenced to undergo imprisonment for life and he was also convicted for an offence punishable under Section 498 A of the Indian Penal Code and sentenced to undergo simple imprisonment for six months, in Sessions Case No.10 of 2010, by the Additional Sessions Judge, Nilanga, by Judgment and order dated 20th November, 2010, for committing murder of his wife. Both the substantive sentences were directed to run concurrently.

(2.) The prosecution case unfolded from the deposition of father of the deceased Renuka, PW 1 Ganpati Dake, is that the Appellant had earlier married and had divorced his wife. This was his second marriage. At the time of marriage, it was decided that father of deceased Renuka would pay Rs.25,000/ (Rupees Twenty Five Thousand) as a dowry and 2 Tolas of Gold and spend for marriage expenses. Renuka was blessed with a daughter, during the said wed lock. After near about two years of the marriage, the accused started ill treating the deceased on demand of Rs.40,000/ (Rupees Forty Thousand), for purchasing a computer. On this allegation, the relatives of the Appellant were prosecuted. The charge was framed against five persons. Except Appellant, rest of the accused persons were acquitted of all the charges.

(3.) It is the prosecution case that on 15th December, 2009, at about 10.30 a.m., father of deceased Renuka received a phone call that the cylinder had burst in the house of Renuka and she was shifted to the hospital. The deceased was residing at Nilanga, whereas father of deceased, PW 1 Ganpati, was residing at Kitta, Tq Basawkalyan, Dist Bidar, Karnataka State. Receiving the news, parents of the deceased and other relatives rushed to Nilanga and they went to the house of Renuka. Renuka was not found in kitchen, but was found in bed room. She was completely burnt and lying on the floor. They noticed one stove in the bed room. Pan was found on the stove. There was one pot on the floor in which Chapati and Roti was kept. The police were also present there. According to the witness PW 1, he approached the police station and lodged a complaint (Exhibit 36). The complaint was registered at about 5.00 p.m. at Crime No.146 of 2009, under Section 302 and 498 A of the Indian Penal Code, in the Police Station by Police Inspector, Nilanga Police Station.