KABULSING Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) The present Revision discloses a sordid tale of young woman along with her two minor children who were required to cut short their lives, due to atrocities committed on her by the present applicant. Munawar Khan (PW 1) at the relevant time was a police patil of village Macchindra Pardi. On 24.1.1989 he was coming from Tanda and going to his village.

(2.) Gopinath Sarode (PW 8) was working as Police Station Officer at Mahur police station on 24.1.1989. He took the cognizance of the report Exh.13 by taking necessary entry in the station diary register. The said entry is at Sr. No.14 and he registered the report as accidental death vide A.D. No. 3 of 1989 under Section 174 of the Code of Criminal Procedure and proceeded to the spot. When he reached to the spot, he saw two bodies of the children floating in the well water. Those bodies were fished out and were kept on the wooden cot. The dead bodies were identified by their grandfather Nanusing (PW 3). That time, he suspected that his daughter who was not found in the house must have died. Since that suspicion was expressed by Nanusing, Gopinath Sarode (PW 8) the police subinspector directed to put iron hook in the well, and accordingly it was put, to take out the dead body of Radhabai, the mother of two unfortunate children and daughter of Nanusing.

(3.) On 25.1.1989, Gopinath Sarode had been to village Pardi for investigation of another accidental death case. That time, PW 3 Nanusing gave oral report to him against the present applicant and one Nandabai. The report was reduced into writing. Same is at Exh.17. On the basis of the said report, an offence punishable under Sections 498A, 306 r/w 34 of the Indian Penal Code was registered against the present applicant and Nandabai vide Crime No. 13 of 1989.