PAWA ASHOK MALCHE Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Present appeal has been filed by the original accused challenging his conviction in Sessions Case No.65/2012 by learned Additional Sessions Judge, Amalner, Dist. Jalgaon on 16/6/2015, thereby holding him guilty for the offence punishable under Sec. 302, 323, 506 of the Indian Penal Code, 1860.

(2.) Prosecution story, in short, is that PW 3 Alkabai Dadabhau Sonwane was resident of Mehunbare, Tq. Chalisgaon. She lodged report with Amalner Police Station on 18/10/2012 stating that her marriage was performed with Dadabhau Sonawane about two years prior to the First Information Report. Thereafter she was residing with her husband and mother-in-law. Her husband had four brothers, who were residing separately along with their family. Alkabai had daughter by name Komal from Dadabhau and at the time of First Information Report Komal was around 09 months old. Accused is the brother of co-sister of PW 3 Alkabai. He was resident of village Javkheda, Tq. Amalner. He used to visit the house of cosister of Alkabai and such way they were acquainted with one another. In 2012 around Akshay Tritiya accused had come to his sister and stayed there for about 15-20 days. Alkabai states that she developed love relations for the accused and when her husband and mother-in-law came to know about it, the husband assaulted her and drove her out of the house with daughter Komal. Then, Alkabai went along with accused at Javkheda and was residing with him since about four months prior to the First Information Report. She was also doing labour work with accused, but accused had habit of drinking liquor. Accused treated Alkabai and Komal properly for about one and half months, but thereafter he started assaulting and abusing Alkabai under the influence of liquor. He was saying that he will not accept Komal and Alkabai should leave Komal. Alkabai had kept the daughter with her as she was sucking child. But accused has hatred against Komal. He was also asking that Komal should be left at the place of Dadabhau, otherwise he would kill her. Alkabai was not feeling well on 16/10/2012 and, therefore, she went to Hospital at Javkheda. Doctor had given injection to her and then she paid fees of Rs.100.00 to the Doctor. After she came the home, accused started asking her, as to why she has given money to Doctor and he would have given the amount to the Doctor later on. After abusing her, he assaulted her with stick and harassed her whole night. Komal was playing on the ground in house around 9.00 a.m. on 17/10/2012. Accused told Alkabai that she should prepare swing outside the house with the help of roof for Komal and then Komal should be kept in the swing. Therefore, Alkabai went outside and started preparing for erecting swing. At that time, accused took Komal and by holding her legs she was forcibly thrown on the ground. There was cement koba, where the girl was thrown. Alkabai asked accused as to why he has done that and then he answered that as he does not like her, he has done it. Neighbouring persons Shivaji Rajaram Wadar and Walmik Budha Malche had seen accused throwing the girl on the ground. Komal had received covert injury to the back side of her head and became unconscious. Alkabai and Rajasbai - grandmother of accused took Komal to Doctor at Javkheda. Said Doctor asked them to take her to Amalner, then she had no money, therefore, she took her to Government Hospital, Dhule. The persons at Government Hospital, Dhule asked her to show yellow ration card, but she was not having the same, therefore, she came to Dhule Bus Stand. Around 3:00 p.m. one Chhotu Wanjari from Javkheda came to the Bus Stand and also told entire incident to him. He then asked Alkabai to come to Javkheda. They kept Komal in the house and the grandmother of accused was also present. Around 3.00 a.m. of 18/10/2012 Komal was not moving and, therefore, Alkabai told the said fact to Rajasbai. Rajasbai saw the girl and told that she is dead. But then told that this fact should not be told to accused, otherwise he would ran away and asked Alkabai to take Komal with her and to go to Rajasbai's house. Thereafter in the morning Alkabai told the incident to Police Patil and Sarpanch as well as people from her community and then they brought her to Police Station, where she lodged the First Information Report.

(3.) On the basis of said First Information Report offence vide Crime No.194/2012 was registered with Amalner Police Station for the offence punishable under Sec. 302, 323, 504 of the Indian Penal Code and investigation was taken up. Inquest panchnama was drawn and then dead body was sent for postmortem. Panchnama of the spot was carried out, statements of witnesses were recorded, even the informant was got medically examined. Postmortem Report as well as other reports were collected and accused came to be arrested. After the completion of the investigation charge sheet came to be filed.