VISHWAS Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Original accused takes exception to challenge his conviction by the learned Additional Sessions Judge, Jalgaon, District-Jalgaon in Sessions Case No. 105 of 2017 on 30/10/2018 after holding him guilty of committing offence under Sec. 302 of the Indian Penal Code. The accused was charged for committing murder of his own daughter Deepali by strangulation.

(2.) It is the prosecution story that the present appellant is resident of Dongaon Budruk, Taluka-Dharangaon, DistrictJalgaon. He was residing with his wife Bhikubai, son Deepak and daughter Deepali. He is an agriculture labour. Deepali was married to one Parmeshwar Patil about a year prior to the First Information Report (for short "FIR") i.e. 27/7/2017, however, since her age was less she used to reside with parents. Deepali had developed love relations with one Manohar @ Bala residing in the same lane where the accused is residing. Said Manohar had kidnapped Deepali on 8/5/2017 and therefore, Bhikubai had lodged report against Manohar. Police had searched Deepali and after about fifteen days when she was brought to Paldhi Police Station, she was saying that since she has love for Manohar she would perform marriage with him only. After persuading her the informant - appellant had brought her home but since thereafter Deepali had become adamant. She used to pick up quarrels. Informant felt that he has been defamed in the village and therefore was planning to leave Dongaon with his family and shift to Vadgaon, Taluka-Pachora. When Deepali got knowledge about the same, she picked up quarrel with the father and told that she would behave in the same way even at the said place. It is the further prosecution story that the accusedinformant had then decided to eliminate Deepali and he strangulated her in the intervening night of 26th and 27/7/2017 and went along with his wife to Police Patil's residence to inform the said fact, however Police Patil was not there. His son was there in the house who called Police Patil and thereafter along with Police Patil the accused went to the Police Station and lodged the confessional FIR.

(3.) After the said FIR was lodged, offence was registered against the accused-informant and investigation was started. Panchnama of the spot was carried out. The dead body was sent for postmortem after executing the inquest panchnama. Statements of witnesses were recorded. The seized muddemal was sent for chemical analysis. After completion of the investigation, charge-sheet was filed.