JAYPRAKASH SAKHARAM ZANWAR Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) THIS appeal is directed against the judgment and order dated 23-4-1998, passed by learned 2nd Additional Sessions Judge, Jalna in Sessions Case No. 118 of 1993, thereby convicting the appellants (original accused Nos. 1 and 4) of the offence punishable under section 302 read with section 34 of the Indian Penal Code and sentencing each of them to suffer life imprisonment and to pay a fine of Rs. 1,000/-, in default to suffer R. I. for one year. The prosecution case, briefly stated is as follows:---Seema (deceased), daughter of Bajranglal Bhutada (P. W. 2) came to be married with Jaiprakash (original) accused No. 1) on 28-1-1992. After marriage, she went to stay with her husband Jaiprakash in the matrimonial home at Rajendra Prasad Road, Jalna. In the matrimonial home, the husband of the deceased Seema (accused No. 1) resided with his parents Sakharam and Rukhminibai (accused Nos. 2 and 3), elder brother Omprakash (accused No. 4) and his wife.

(2.) AFTER the wedding which took place on 28-1-1992, the couple had been to Balaji. They returned from Balaji on or about 8-2-1992. Thereafter Jagdish, the brother of deceased Seema had been to her matrimonial home and had brought her to Latur. Seema and her husband (accused No. 1) stayed at Latur at her parents place for about three days and during their stay they visited Tuljapur. On 16-2-1992 Seema was sent back to her husband (accused No. 1 ). The stay of Seema in her matrimonial home along with her husband was uneventful until before the unfortunate incident in question which took place between the intervening night of 4th and 5th March, 1992.

(3.) ON the fateful morning of 5-3-1992, however, Seema was seen in the lavatory of the ground floor by inmates of the house in burnt condition. Omprakash, the brother in law of deceased Seema lodged written report about the incident with Sadar Bazar Police Station, Jalna at 7. 00 a. m. on the same day i. e. 5-3-1992. On the basis of this report which was received by Head Constable Ambadas Dube (P. W. 7), A. D. No. 6/1992 came to be registered and inquiry under section 174 of the Code of Criminal Procedure was undertaken.