DNYANDEO VINAYAK RAJARAM NEMADE Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) APPELLANT Dnyandeo @ Vinayak Rajaram Namade has preferred this appeal challenging the judgment and order challenging the judgment and order passed by the Additional Session Judge, Khamgaon in Session Trial No. 22 of 1994, whereunder he was convicted for the offences under sections 498-A, 354, 506 (11) and 203 of the Indian Penal Code as also under section 302 of the Indian Penal Code and was sentenced to suffer rigorous imprisonment for two years on each count and to undergo imprisonment for life for the offence under section 302 of the Indian Penal Code. All the sentences were to run concurrently.

(2.) THE prosecution case, in brief, is that the appellant and the original accused No, 2 Namdeo are real brothers. Sau. Sumanbai Pandurang Malthane, who was original accused No. 3 is married sister of the appellant. The appellant and accused Namdeo are resident of village Alampur which is situated within the limits of Police Station, Nandura. Appellant Dnyandeo was residing with his third wife Punjabai (deceased ). Accused Namdeo had married with one Sumanbai (P. W. 6 ). She stayed with him just for four months. At that time, they were living with appellant Dnyandeo. During her short stay, she noticed that appellant Dnyandeo had an evil-eye on her and he often insisted her to have sex with him. But she did not succumb to his desire and advances. At last, sumanbai took divorce from Namdeo. Victim Punjabai since deceased was daughter of Jagdeo Mate (P. W, 2) of village Lahud.

(3.) THEN accused Namdeo married Punjabai and started living with her. Sulochanbai (P. W. 12), who is sister of Jagdeo Mate (P. W. 2), is married to rambhau Gaygod (P. W. 3) resident of village Alampur. During her stay with accused Namdeo, Punjabai used to visit Rambhau Gaygod and his wife sulochanabai and at that time, she disclosed that appellant Dnyandeo was casting evil-eye on her and insisting her to satisfy his sexual lust taking advantage of weaknesses of her husband Namdeo who was lame. It so happened that Jagdeo, when informed about this bad behaviour of appellant, came to Alampur and brought Punjabai to his house. Appellant had gone to the house of Jagdeo to fetch Punjabai, but she refused to go with him. Then Namdeo had gone to fetch her and Punjabai returned to her matrimonial home with Namdeo on his giving assurance that they would live separate from the appellant. Though she lived with her husband for a short span, there was no change in the attitude and behaviour of the appellant towards her.