KESHAV BHUJANGA KASBE Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) THE appellant - original accused has been convicted and sentenced under Section302 of the Indian Penal Code on the allegations of causing death of his wife Godavaribai by administering poison to her on10.9.1983 by the judgment and order dated-30.11. 1985 in Sessions case No. 54 of 1985 passed by the learned IIIrd Additional Sessions Judge, Nanded.

(2.) AS per the prosecution case, deceased Godavaribai - sister of P.W.6 Prabhakar Raoji Paikrao was married to the appellant in the year 1982 and before marriage, the dowry amount was fixed at Rs. 2000/ -. Out of the said amount, an amount of Rs. 900/- was paid by the father of the deceased and the balance amount remained to be paid. The accused was demanding the payment of said balance amount and was also demanding wrist watch to be purchased and given to him from the balance amount. Due to the poor financial conditions of P.W.6, the demand could not be made and therefore, the accused started ill-treating the deceased Godavaribai. For Nagpanchami festival of 1983, she had gone to her parents' house and had purportedly conveyed the instances of ill-treatment to her for non-payment of balance dowry amount. After the festival the accused went to in-laws, demanded the balance amount and assaulted the deceased. He had also brought the deceased with him to his home at Kamtha from village Pimparkhed.

(3.) THE IIIrd learned Sessions Judge, on appreciation of the evidence, placed before him, held that (a) the prosecution failed to prove that the accused had abetted the suicidal death of Godavari, (b) the prosecution failed to prove that Godavari was subjected to cruelty while she was married to the accused and (c) the prosecution had proved that the accused committed murder of Godavari by administering poison to her on10.9.1983 in the agricultural land where both of them were engaged in spraying insecticide (Endosulfan ). THE testimony of P. W.1 Shaikh Shahjada. Medical Officer, read with the post-mortem reports at Exhibit 21 indicated that he reserved his opinion as to the probable cause of death and forwarded viscera for chemical analysis. THE report of chemical analysis was received on28.2.1984 at Exhibit 23. THE results showed that "organochlorine insecticide Thiodan (Endosulfan)" was detected in both the bottles of viscera i. e. the pieces of stomach, lung, heart, spleen and kidney. THE report further indicated that the poison quantity was found to the same extent as was seen in the fatal poisoning cases. Based on this report, the doctor opined that the cause of death was "thiodan poisoning" (Exhibit 24 ). It was, therefore, necessary for the prosecution to prove that the accused had administered thiodan poison to Godavari while she was in his company in his agricultural land on10.9.1983.