NANASAHEB CHANGDEO NIKAM Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Present appeal has been filed by the original accused No.1, who has been convicted by learned Additional Sessions Judge, Vaijapur, Dist. Aurangabad, for the offence punishable under Sec. 302, 498-A of the Indian Penal Code, 1860 on 28/12/2015 in Sessions Case No.51/2014.

(2.) The fact which is not in dispute is - deceased Girija @ Nandabai got married to present appellant Nanasaheb on 28/1/2012. On the date of First Information Report i.e. on 31/3/2014 Girija had son by name Rohit aged 07 months. PW 1 Chhabu Khandu Rajput is the father of deceased Girija and PW 2 Janabai is her mother. PW 1 and PW 2 are resident of village Chinchban, Tq. Newasa, Dist. Ahmednagar, whereas accused is resident of village Chorwaghalgaon, Tq. Vaijapur, Dist. Aurangabad. Original accused No.2 is the mother of present appellant and accused No.3 is the brother.

(3.) With the above said background PW 1 Chhabu lodged First Information Report stating that after the marriage, his daughter Girija was treated properly for about 8-9 months, but thereafter all the accused persons started harassing her for the illegal demand of Rs.15,000.00, which they were in need for constructing house under 'Gharkul Yojana'. The harassment was in the nature of abuses, assault by fists and slaps and making her starved. Girija used to convey the ill-treatment meted to her, to her parents and other relatives. The relatives had then deposed and persuaded all the accused persons not to harass Girija and they would fulfill the demand whenever they would get the amount. There was no change in the behaviour of the accused persons. They continued the harassment by making illegal demands. They also used to give threat that accused No.1 i.e. present appellant would perform second marriage. Even when she had come for the delivery, at that time, she had told about the harassment. After the son was born, accused No.2 had gone to fetch Girija after about one and half months, even at that time she was advised that Girija should not be ill-treated. It is further stated in the First Information Report that the informant received phone call in the evening around 6.00 p.m. on 30/3/2014 by his brother-in-law Harishchandra Dagdu Mali and other relatives that they have received a phone call from a contractor of sugarcane cutting labour from Chorwaghalgaon that there is snake bite to Girija and she has been admitted to Government Hospital, Vaijapur. PW 1, PW 2 and other relatives went to Vaijapur around 9.30 p.m., but they were informed that Girija has expired. After the postmortem was carried out the First Information Report was lodged on the contention that when informant had seen the dead body he found ligature marks and he was of the opinion that the accused persons had strangulated Girija.