MILIND Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) The present appeal is directed against the judgment and order, passed by the Additional Sessions Judge-3, Aurangabad, on 15.12.2011, in Sessions Case No. 27 of 2008, thereby convicting appellant no.1 Milind for the offences punishable under Sections 302 and 498A of the Indian Penal Code, and appellant nos. 2 to 5 for offences punishable under Sections 498A and 506 (II) r/w 34 of the Indian Penal Code.

(2.) On 24.9.2007, Police Station Officer of Sillod (Rural) Police Station received an information from the police patil of village Mhasala to the effect that daughter-in-law of Bankar is no more. It was also informed by police patil to the Police Station Officer that the mother of the deceased is not permitting the dead body to be shifted. Accordingly, the entry to that effect was taken in station diary.

(3.) On that day, Govind Sitaram Kanade (PW 10) was attached to the said police station as Police Sub-Inspector. He along with other staff went to village Mhasala. Police staff reached to the spot of the incident. P.S.I. Kanade found that dead body was lying in the back room of house of Bankar on a cot. It was the body of a female. He noticed signs of throttling and scratches of nail marks. He also noticed one towel ( ), one banian, one handkerchief and one broken onion. The mother of the deceased was present there. She identified the dead body as of her daughter Varsha. Inquest panchanama (Exh.25) was prepared. He then sent dead body to the Government Hospital at Sillod. He then reduced into writing the complaint (Exh.43) of Sumitrabai, mother of deceased. It was sent to the police station for registration of crime. Accordingly, a crime No. 126 of 2007 was registered for offences punishable under Section 302, 498A, 323, 504, 506 r/w 34 of the Indian Penal Code against the accused persons. The investigation of said crime was handed over to Govind Kanade (PW 10). He prepared spot panchanama (Exh.27) in presence of panchas. He seized handkerchief, banian, towel ( ) from the spot. The said articles were seized and sealed. On the same day, he arrested accused nos. 2 to 5. Accused no.1 Milind ran away after the incident.