RAMKISAN RAMRATAN DHOTRE Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) The appellant was prosecuted in Session Case No. 76/2008 on the file of the learned Additional Sessions Judge-1, Achalpur for offences punishable under Sections 302, 201, 498-A and 306 of the Indian Penal Code. By a judgment and order dated 17.1.2011, the appellant came to be convicted for the offences punishable under Sections 302 and 201 of the Indian Penal Code and has been sentenced to suffer life imprisonment and to pay a fine of Rs. 5,000/- in default to suffer rigorous imprisonment for two years for the offence punishable under Section 302 of the Indian Penal Code and to suffer rigorous imprisonment for two years and to pay a fine of Rs. 2,000/- in default to suffer rigorous imprisonment for six months for the offence punishable under Section 201 of the Indian Penal Code. The prosecution case may be briefly stated thus:

(2.) The deceased used to inform about ill-treatment meted out to her on phone and personally whenever she used to visit her parental home. The maternal relations of deceased used to pacify her with a hope, that eventually behaviour of appellant would improve. It is specific case that two days prior to incident in question, the deceased had informed her father PW4 Madhukar Ramu Umarkar, who is complainant in this case, that there was a threat to her life and asking her to fetch back to her matrimonial home.

(3.) On 4.4.2008 at about 7.00 am, PW4 Madhukar received a telephonic message that the dead body of his daughter Lalita was found in a well. The complainant along with others went to village Diya and found that the dead body of his daughter was lying in a Government well. It appears that PW2 Shailesh Malviya had already reported the matter to Police Station, Dharni, on the basis of which, a case of accidental death was registered and the police had visited the spot. The dead body was taken out and inquest panchanama was prepared. The dead body was sent for postmortem examination and, thereafter, it was handed over to complainant and the family of appellant as well as maternal relations of deceased were present at the time of funeral rites. The complainant PW4 Madhu, thereafter, lodged a complaint Exh. 28 with Police Station, Dharni on 7.4.2008, on the basis of which, offence under Sections 302, 201 and 498-A of the Indian Penal Code was registered against the appellant. During the course of investigation, Investigating Officer PW9 PSI Abdul Sadik recorded the statements of the witnesses. The appellant came to be arrested. It is said that while in custody the appellant gave a confessional statement offering to produce a stick which was allegedly used as a weapon of offence in causing the death of deceased. The investigating officer raised a query referring the stick to Medical Officer and opinion was obtained. Prior to this, the clothes of deceased were also seized. The said clothes and wooden stick were sent for report of Chemical Analyser and the report inter alia showed absence of any blood on the stick which was Article 5. On completion of investigation, a chargesheet came to be filed in the Court of Judicial Magistrate, First Class at Achalpur, which was then committed to the Court of Session at Achalpur. At the trial, the prosecution examined in all 11 witnesses and produced the contemporary record of the investigation. The appellant neither entered into the witness box nor examined any defence witness.