GAJANAN KALIPURI PURI Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) THE appellant was tried along with his father and another for burning his wife Lata under Sections 302 read with Section34 of the Indian Penal Code as also Section201 read with Section34 of the Indian Penal Code. THE prosecution had in all examined 17 witnesses in support of the charges. THE trial Court vide impugned judgment, which is subject matter of challenge by the appellant/original accused No. 1, held him guilty under Section302 of Indian Penal Code for murder of his wife and sentenced him to imprisonment for life as also fine of Rs. 1,000/-, in default R. I. for six months. He was, however, acquitted of the charge under Section201 read with Section34 of the Indian Penal Code. Original accused No. 2, who is the father of the appellant, had died during the trial and the proceedings against him abated. Original accused No. 3, mother of the present appellant, was acquitted of both the charges.

(2.) THE prosecution case, in brief, is that the marriage between the appellant and deceased Lata had taken place about two and half years prior to the incident in question. THE appellant initially treated the deceased properly, but subsequently, started abusing, assaulting and ill treating her as a result of which deceased Lata used to go to her father's place sometimes. About a month prior to the incident, the appellant had brought the deceased back from her father's house where she resided for about three months. THE appellant and deceased had a daughter of about eleven months at the time of incident.

(3.) LEARNED Advocate for the appellant took us through the evidence of the witnesses and firstly urged before us that it is a case of suicide by the deceased inasmuch as during night time she went into the other room and by pouring kerosene burnt herself. According to the learned Advocate for the appellant, the appellant had broken the door of the said room where the deceased was found burning and in the process of extinguishing fire, the appellant and his father received burn injuries on the palms and other parts of the body. He further pointed out that though some of the witnesses speak of ill treatment due to demand of dowry yet PW-1 father of the deceased does not at all speak of any demand of dowry and as such the theory of ill treatment prior to the incident has to be discarded. According to him, the deceased was double M. A. and was not satisfied with the marriage with the appellant on account of which she had committed suicide. According to the learned Advocate for the appellant, the appellant was in fact sleeping outside the house and was not sleeping inside. He pointed out that there are major omissions in the evidence of Indira (PW-5) as a result of which her evidence should not be believed. He also pointed out that there is major improvement relating to dragging Lata by catching her legs by the appellant in the deposition of Vijay (PW-8) on account of which his testimony cannot be accepted. In the light of the above submissions, it is urged before us that the order of conviction is required to be set aside.