PANKAJ RAMESH PATIL Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Present appeal is filed by the original accused No.1, against judgment and order of conviction passed by learned Ad-hoc Additional Sessions Judge, Shahada in Sessions Case No.56 of 2013, by which accused No.1 is held guilty for commission of offence under Ss. 498A, 302, 201 of IPC and sentenced to suffer imprisonment for life and to pay fine of Rs.5,000.00, in default to suffer simple imprisonment for two months for offence under Sec. 302 of IPC and to suffer rigorous imprisonment for two years and to pay fine of Rs.1,000.00, in default to suffer simple imprisonment for one month respectively for offence under Ss. 498A and 201 of IPC. PROSECUTION CASE IN TRIAL COURT

(2.) PW1 Nagin, father of deceased Manisha, set law into motion alleging that his daughter Manisha was married to accused No.1 in 2007. After her marriage, his daughter went to reside with accused No.1 husband and accused Nos.2 and 3 in-laws and they all resided jointly. Out of wedlock, his daughter delivered a girl child. Accusations are raised that on giving birth to a girl child, Manisha was subjected to ill treatment, beating and abuses by accused persons. Deceased used to inform whenever she visited informant's house about it. Even 2 to 3 months prior to the incident, deceased had informed about illicit relations of her husband with a girl. Fearing that deceased Manisha would disclose about affair of accused No.1 to others, on 15/5/2013 accused persons assaulted her and set her on fire and therefore, he lodged FIR Exhibit 72 on the basis of which Police registered Crime No.44 of 2013 for offence under Sec. 306, 498A read with 34 of IPC. Investigation was carried out. Accused persons were arrested. After gathering sufficient evidence against accused, they came to be charge-sheeted for the offence punishable under Ss. 302, 498A, 201, 504, 120B read with 34 of IPC and hence, they are put up for trial before learned Ad-hoc Additional Sessions Judge, Shahada, who after appreciating oral and documentary evidence on record, reached to above finding and accordingly, held accused No.1 guilty for offences under Ss. 498A, 302 and 201 of IPC and acquitted rest of the accused. Hence, instant appeal by accused No.1 husband on various grounds raised in appeal memo. SUBMISSION ON BEHALF OF APPELLANT

(3.) Taking exception to the judgment of conviction, learned Senior Advocate for the appellant has pointed out that there is no involvement of the appellant husband in the alleged incident. Story of prosecution about ill treatment, abuses, assault at the hands of appellant husband and in-laws has no basis or foundation. Learned Senior Advocate took us through the FIR, various panchanamas and entire substantive evidence, which came on record during trial. He pointed out that admittedly after marriage of accused No.1 and deceased in the year 2007, a girl child was begotten, however, there is no foundation in the entire evidence regarding accusation on accused persons being upset on deceased for delivering a girl child.