BANDU RAMCHANDRA BURBADE Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Bandu Ramchandra Burbade, the appellant in criminal Appeal No. 13 of 1996, was tried along with his mother Subhadra before the learned 2nd Additional Sessions Judge, Wardha, for offences punishable under sections 498a and 302 read with section 34 of the Penal Code. The learned Additional Sessions Judge convicted accused Bandu for offence punishable under section 498-A of the Penal Code and sentenced him to suffer rigorous imprisonment for two years and to pay a fine of Rs. 500/- or in default to undergo further RI for three months. The learned Additional Sessions Judge proceeded to acquire Bandu's mother, Subhadra, for offence punishable under section 498-A read with section 34 of the Penal Code and both Bandu and subhadra for offence punishable under section 302 read with section 34 of the penal Code. Bandu has challenged his conviction by preferring Criminal Appeal no. 13 of 1996, whereas the State has challenged the acquittal of Bandu and subhadra by preferring Criminal Appeal No. 115 of 1996.

(2.) Facts, which led to prosecution of Bandu and Subhadra are as follows :

(3.) Pw 6 Shanta Kotangale was married to accused Bandu on 10-5-1985. After happy cohabitation for initial 12 months, the parties started having differences. Accused Bandu used to say that he did not like Shanta and that she should go to her parents' place. She conceived, but continued to face ill-treatment. Eventually, her brother took her to the parental house. She filed a petition for maintenance before the learned Judicial Magistrate First Class hinganghat, in which compromise was reached on 2-10-1990 and the parties resumed cohabitation. Thereafter she gave birth to a daughter, named Nita, at her parents' place. Accused No. 1 Bandu took his wife and daughter to his matrimonial home. For a few days, everything was okay, but thereafter the accused started saying that Nita was not his daughter and, therefore, prevented shanta from feeding the daughter. On 1-1-1991 at about 3 a. m. , when Shanta and accused No. 1 Bandu were sleeping with their daughter the accused killed daughter Nita by pressing her neck and threw Nita from the cot. Shanta started crying, which attracted quite a crowd and led Police Patil to inform Police Station pulgaon about the incident.