VIJAY BUBASAHEB KAKADE Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) The appellant takes an exception to challenge his conviction in Sessions Case No.68 of 2015 by the learned Additional Sessions Judge, Osmanabad on 29/11/2017 thereby convicting the appellant for the offence punishable under Sec. 302, 201 of the Indian Penal Code i.e. for murdering his wife and causing the evidence to disappear with an intention to screen himself.

(2.) The prosecution case is that one Vaibhav Ashok Patil, who is the nephew of deceased Suman Vijay Kakade lodged First Information Report (for short "FIR") on 3/6/2015 with Osmanabad City Police Station vide Crime No. 184 of 2015. He has disclosed that deceased Suman was his paternal aunt, who was married to the accused. Deceased and accused have two sons and one daughter, however, their one son and daughter have expired. Deceased Suman was residing with her husband i.e. accused, son Kiran and his wife, in Hanuman Nagar, Osmanabad. Accused was always raising suspicion over the character of deceased and used to assault her. Whenever Suman used to come to the house of the informant, she used to disclose the said fact to informant and his father (brother of deceased). Informant, his father and another aunt Mangal (sister of deceased Suman) used to visit the house of the accused and used to give understanding to the accused, however, there was no change in the behaviour of the accused. Accused still used to raise suspicion over her chastity and assault her. 10 to 15 days prior to the FIR, Mangal had gone to the house of the informant and told him that accused is still beating Suman and even on that day also she was assaulted. Therefore, informant Vaibhav brought Suman to his house where she stayed for about 4 to 5 days and thereafter she was left at her house. At that time accused told informant that why he has intervened when Suman is his wife, he would kill her and even see to the informant. The informant further informed that around 11.00 a.m. on 3/6/2015 he was near Zilla Parishad office when he received phone call of Kiran who told him to come to house and to see what has happened to Suman. Vaibhav went to the Suman's residence with his father and Mangal. They found foul smell coming from the barrel (water tank) which was in front of the house of Suman. They could see saree and hair floating in the barrel. They went near the barrel and saw Suman's face. She was dead and therefore, he got confirmed that accused has murdered Suman and put her dead body in the barrel filled with water.

(3.) After the offence came to be registered, investigation was taken up. Inquest panchnama was prepared with the help of two panchas. Even the medical officer had visited the spot and postmortem was conducted at the spot itself. After the postmortem was done, the clothes on the person of the dead body came to be seized under panchnama. After the spot panchnama was executed, accused came to be arrested. He was got medically examined and six injuries were found on the person of the accused. Opinion was sought in respect of the said injuries also. Seized articles were sent for chemical analysis. Statements of witnesses were recorded. After the investigation was over, charge-sheet came to be filed.