SURESH MURLIDHAR BHAGAT Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) HEARD Mr. P. B. Patil, learned Counsel for the appellant and Mr. Lanjewar, learned A. P. P. for the respondent/state. This is an appeal preferred by one Suresh Murlidhar Bhagat-appellant herein who came to be convicted and sentenced for offence under sections 306 and 498-Aof I. P. C. to suffer R. I. for 6 years and to pay fine of Rs. 1,000/-, in default to undergo farther R. I. for four months and for R. I. for one year and to pay fine of Rs. 500/-, in default to undergo further R. I. for 2 months, respectively, by the learned Sessions Judge, Buldana in Sessions Trial No. 5 of 2002,

(2.) THE victim Satyabhamabai was married to appellant-Suresh almost 12 years prior to 7-11-2001, the date on which she was found dead; her dead body was floating in the well that was situated in the agricultural land belonging to the appellant. It is not disputed that deceased Satyabhamabai and appellant were blessed with three children and according to the prosecution since after the birth of third child namely Rahul there was ill-treatment to satyabhamabai on account of non-fulfillment of unlawful demand of money, as stated in the complaint-Exhibit 32 lodged by Pralhad on 7-11-2001, after seeing his daughter deceased-Satyabhama found lying dead in the well. Some days prior to the incident when the appellant had been to his house accompanied by victim Satyabhama a demand was made for Rs. 10,000/- as he needed amount for construction of the house and after the amount was paid to him he left to his village taking Satyabhamabai with him. But then some days thereafter again a demand of Rs. 10,000/- was made which was not satisfied, however witness-Pralhad told the appellant that the amount would paid after the harvesting season when the cotton crop in the field would be available. The witness-Anjanabai some days thereafter, visited matrimonial house of satyabhama and she also noticed that there was some sort of dissatisfaction as the demand of amount made by the appellant was not satisfied. But she assured that the amount would be paid after the harvesting season. After anjanabai returned, few days thereafter, Pralhad and Anjanabai were informed that the victim-Satyabhamabai died and that is how both of them visited the village where Satyabhama was residing with appellant-Suresh. There they found that their daughter Satyabhama died due to drowning in the well. In the background that the demand of amount was not satisfied by them, they particular P. W. 1-Pralhad approached Police Station and lodged complaint-Exhibit 32 alleging therein that the appellant-Suresh and his brothers and their wives in furtherance of their common intention subjected Satyabhama to cruelty and as a consequence of ill-treatment and cruelty which she was subjected to, she was driven to commit suicide and as such she died suicidal death. So on his complaint offence came to be registered vide C. R. No. 93/ 2001 against the appellant and his brothers and their wives who came to be arrayed as accused in the criminal case that came to be filed on the basis of the charge-sheet submitted by the A. P. I. Pawar in the Court of Judicial Magistrate, First Class, Malkapur. During the course of investigation, A. P. I. Anil thakre carried out investigation in the matter.

(3.) THE dead body of Satyabhama was sent to Medical Officer for postmortem. Dr. Charushila Patil (P. W. 4) Medical Officer, Civil Hospital, Buldana who conducted autopsy on the dead body noticed contusted laceratal wound on fore-head (frontal bone) at left side admeasuring 4x1 c. m. as described in the post-mortem notes Exhibit 40. In her opinion the said injury was ante mortem in nature. While dissecting the body, the Medical Officer found stomach was containing liquid about 250 to 300 M. L. and lungs voluminous and cut section showed the froth. In her opinion, the cause of death of Satyabhama was asphyxia due to drowning in water. It may be noted at this juncture that Doctor in her cross-examination admitted that the external injury which she noted and found to be ante mortem in nature was possible if a person falls down from the high place if the head of the person comes in contact with an iron bar or hard and blunt object. The learned Judicial magistrate, First Class in due course committed the case to the Court of sessions by his order dated 7-1-2002.