UDHAV SITARAM NAIKNAVARE Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) IN Sessions Case No. 105 of 1995 in all four accused were put on trial and the present appellant was accused No. 1 before the learned 3rd Additional Sessions Judge at Beed, for offences punishable under sections 302, 323 and 498a read with section34 of the INdian Penal Code (the Code, for short ). By his judgment and order dated-6th May, 1998 the learned Additional Sessions Judge acquitted the accused Nos. 2 to 4 of all the charges, while he convicted the accused No. 1 for an offence punishable under section302 as well as 498a of the Code. For the first offence he was sentenced to suffer life imprisonment with fine of Rs. 1,000/-, in default to suffer further rigorous imprisonment for 6 months more and for the second offence he was sentenced to suffer rigorous imprisonment for three years with a fine of Rs. 500/-, in default rigorous imprisonment for 2 months. Hence, this appeal by accused No. 1 praying to set aside his conviction under sections 302 and 498a of the Code.

(2.) THE prosecution case could be summarized as under : Deceased Sulochana W/o. Udhav Naiknavare, younger sister of P.W.2 Abhimanyu Kishan Yadav, was married to the accused sometimes in May, 1994. THE accused was working as a school teacher at village Sawargaon in Patoda taluka of Beed district. THE deceased had communicated to her parents, brothers as well as cousins that she was being ill-treated, beaten by the husband and in-laws and the husband used to repeat that he did not like her and had decided to go in for a second marriage. When she went to her parents home on2-3 festivals i. e. Nag Panchami and Dipawali she had made this disclosure but her father and other elders persuaded her to join the company of her husband at village Sawargaon. On 23rd March, 1995 Ashruba, the paternal uncle of the accused went to the parents of the deceased at village Khadaka in Gangapur taluka of Parbhani district in the midnight and informed them that the deceased was carrying for 8 months and was admitted in the hospital at Majalgaon for delivery and she was not well. P. W.1 Ramprasad Digambarrao Yadav, P.W.2 Abhimanyu Kisan Yadav and P.W.3 Ashok Bhimrao Yadav (uncle of the deceased) came by jeep to Majalgaon and when they reached there, it was informed to them by the same informant i. e. Ashruba that the deceased was at Sawargaon itself. Hence, they went to Sawargaon and reached there at about3. 00 a. m. on24th March, 1995 and saw Sulochanabai lying dead in her house. THEy noticed that there were injuries on her body, blood was oozing from her nostrils and ears, tongue was protruding outside and there was a bleeding injury on her private part. In the meanwhile, the accused approached the Majalgaon Police Station at about5. 00 a. m. on24th March, 1995 and lodged a written report (Exhibit-60) with P. W.15 Police Constable Abdul Raheman Shaikh Abdul Samad and based on the same A. D. No. 15 of 1995 came to e registered by P. W.14 Mohan Vithalrao Jadhav. However, P. W.1 Ramprasad, P.W.2 Abhimanyu and P.W.3 Ashok suspected that the deceased was done to death by her husband and in-law and, therefore, P. W.1 Ramprasad lodged a complaint (F. I. R. at Exhibit-27) at about11. 30 a. m. with the police station on the basis on which C. R. No. 28 of 1995 came to be registered and the investigation was handed over to P. S. I. P. W.13 Ganpat Vithoba Babar. THE dead body was sent for post-mortem after drawing the inquest Panchanma at Exhibit-31 and Spot Panchanama at Exhibit-32, which have been proved by the evidence of P.W.4 Ramchandra Deorao Jagtap, P.W.5 Dr. Shivaji Vishnu Kakade conducted post-mortem at Majalgaon and issued provisional death certificate at Exhibit-40 and post-mortem notes at Exhibit-39, along with Dr. Tidake. THE accused came to be arrested and the bloodstained clothes of the accused No. 1 were seized vide seizure Panchanama at Exhibit-44 which has been proved through the evidence of P.W.7 Vijaykumar Bansidharrao Solunke. At the same time the nails of the accused were clipped while the clothes were seized and these nail clippings were also covered by the said Panchanama in the presence of P.W.7 Vijaykumar and P.W.8 Shaikh Babu Sk. Rajamiya. THE clothes of deceased were also seized under seizure Panchanama at Exhibit-41 in the presence of P.W.9 Abdul Wahed Abdul Razak. THE clothes of the deceased as well as the accused, along with the nail clippings, were sent for chemical analysis through P. W.11 Tukaram Hiraman Shinde, Police Constable from Majalgaon Police Station vide forwarding letters at Exhibits-52 and 53. C. A. report was received at Exhibits-56 and 57. In the course of investigation statements of witnesses were recorded and on completion of the investigation charge-sheet came to be submitted in the Court of the learned Judicial Magistrate, First Class, Majalgaon on20th June, 1995. THE case was committed to the Court of Sessions at Beed by order dated11th August, 1995.

(3.) P.W.5. Dr. Shivaji Kakade in his depositions at Exhibit-37 stated that on24th March, 1995 the dead body of Sulochana was brought to the primary health center at Majalgaon by a police head constable along with letter at Exhibit-38 and he conducted autopsy of the same between 11. 15 a. m. and 12. 30 p. m. along with Dr. Tidake. On the external examination of the dead body he found that the clothes were stained with blood, fluid was oozing from nostrils and Petty-coat was soiled with foecal matter. The dead body was swollen, eyes were closed and there was swelling on right upper eye-lid. Both eye balls were bulging (coming out from the cavity ). On right side upper medial on the selera haematoma of size 1/2 x 2 cm. was present. The pupils of both sides were dilated and redish white fluid was oozing from mouth and nostrils.