RAJU Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) This appeal takes exception to the judgment and order of conviction passed by learned Additional Sessions Judge, Bhusawal dtd. 10/8/2015 in Sessions Case No. 443 of 2014, by which appellant came to be convicted and sentenced to suffer imprisonment for life and pay fine for commission of offence under Ss. 302 of the Indian Penal Code [IPC]. Brief background of the case before trial court.

(2.) Deceased Savita was married to accused and out of their wedlock they had two children. Precise accusation of the prosecution is that accused suspected fidelity of Savita and after getting drunk, he used to beat her. She had also approached Women's Grievances Cell at Jalgaon but later on, disputes inter se were resolved and she was back in the company of accused husband. On 8/6/2014, both accused and deceased went to collect fire wood and returned home in the evening around 6.00 p.m. Savita approached her brother PW1 Subhash and told him that in the afternoon that day, husband had again abused and beaten her after suspecting her character. Informant, his uncle and aunt approached accused around 8.00 p.m. and gave him understanding and even suggested that he should not stay with her and rather go to his own village.

(3.) Around 2 a.m. that night, informant brother woke up for urination and at that time, he claims that, accused was seen hurriedly going out of the house and in spite of being accosted, he did not respond and rather went ahead. Informant became suspicious and therefore he went in the room to see his sister, but he found her in hanging condition. Therefore, he raised hue and cry. Relatives gathered and information was given to police. In the morning, informant set law into motion by lodging FIR alleging that on the intervening night of 8/6/2014 and 9/6/2014, in the backdrop of suspicion of character, accused Raju throttled deceased Savita and thereafter hanged her body to feign it as a suicide. On the strength of such report, crime was registered and investigation was carried out and finally, accused was chargesheeted.