BALASAHEB KASHINATH PAWAR Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) THIS appeal arises from an order of conviction and sentence passed by the learned Additional Sessions Judge, Aurangabad, in Sessions Case No. 316/1996, against the appellant-original accused No. 1 for offences punishable under sections 498-A and 302 of the Indian Penal code (the Code, for short ). The appellant accused has been sentenced to suffer R. I. for life and to pay a fine of Rs. 300/-, in default, to suffer R. I. for three months, for the offence punishable under section 302 of the Code, whereas, he has been sentenced to suffer R. I. for three years and to pay a fine of Rs. 200/-, in default, to suffer R. I. for a month, for the offence punishable under section 498-A of the Code.

(2.) THE prosecution story unfolds thus: the accused was married to the deceased Shobha about six years prior to the date of the incidence i. e. 29-5-1996. His parents were staying in village Gadhe Pimpalgaon, whereas, he, with his wife Shobha, was staying in a cattle shed, little away from the said village. The deceased was in her 3rd pregnancy and she was staying with the accused on 29-5-1996, in the said cattle shed. About 5 to 5. 30 a. m. , on the next day, the accused went to santosh Pawar (P. W. 4), who was staying in a neighbouring cattle shed, and woke him up, informing that Shobha was lying unconscious and sought his help to shift her to the hospital. Santosh Pawar (P. W. 4), therefore, came to the house of the accused and saw that Shobha was lying on the floor and in addition to the accused, his mother Smt. Anusayabai was also present at the spot. All three lifted Shobha, put her in a bullock-cart and took her to the primary Health Centre in the same village. Shobha was attended by Dr. Pandurang Singankar (P. W. 3) at about 6. a. m. He informed the accused, on examination of Shobha, that she was already dead and thus, a dead body was brought to the hospital. The accused, therefore, took the dead body to his house in the very same bullock-cart. Kashinath, father of the accused, went to the Police Patil at about 7 a. m. and informed him about the death of Shobha. On the "basis of a report (Exh. 17) made by the Police Patil, AD No. 8/ 1996 came to be recorded with the Police Station at Virgaon. Anant Gulabrao salunke, PSI (P. W. 6) visited the spot and made spot and inquest panchanamas, Exh. 9 and 10, respectively. The dead body was sent to the primary Health Centre at Vaijapur for post-mortem. Dr. Govind Narware (P. W. 5) conducted the post-mortem and signed the PM notes (Exh. 22 ). He opined that cause of death was cardiorespiratory failure due to throttling. The postmortem was conducted between 5. 15 p. m. to 6. 30 p. m. on 30-5-1996. The dead body was handed over to the accused. The funeral rites were completed in presence of the patents of the deceased. On 31-5-1996, the IO recorded the statements of Ramdas (P. W. 1), father of the deceased, Pandit (P. W. 2), uncle of the deceased and Santosh pawar (P. W. 4), the neighbour. Ramdas (P. W. 1) lodged his complaint (Exh. 12), which came to be registered as a F. I. R. (Crime No. 1-35/96) for the offences punishable under sections 498-A, 302 r/w. 32 of Code. The accused came to be arrested on 31-5-1996 and 3-6-1996. On receiving the PM notes (Exh. 22), and on completion of the investigation, the charge-sheet was submitted before the learned J. M. F. C. , Vaijapur. As the case was triable exclusively by a Sessions Court, it was committed by an order dated 29-10-1996 and charge (Exh. 3) was framed on 19-6-1999 by the learned Additional Sessions Judge, Aurangabad.

(3.) THE medical evidence, as came through Dr. Pandurang (P. W. 3) clearly disclosed that on 30-5-1996, the accused-Balasaheb and his parents had taken Shobha by a bullock-cart to the Primary Health Centre for treatment, the said Doctor examined her and found that she was already dead. Dr. Govind (P. W. 5), who performed post-mortem on the. dead body of Shobha, stated before the trial Court that on examination of the dead body, he found the following external injuries: -