LAWS(BOM)-2005-6-59

KHANDU MUKUNDA WAGH Vs. STATE OF MAHARASHTRA

Decided On June 27, 2005
KHANDU MUKUNDA WAGH Appellant
V/S
STATE OF MAHARASHTRA Respondents

JUDGEMENT

(1.) The appellant Khandu wagh was married to deceased Hansabai, who was daughter of P. W. 2 Kaduba prior to six months of her death. The appellant was offered Rs. 15000/- as dowry in the marriage. After marriage, Hansabai started residing with the appellant. Seven to eight days after the marriage, she visited her parents house along with her husband. The husband returned back after leaving her at her matrimonial house. During stay of Hansabai. She disclosed to her parents that she was being harassed by her mother-in-law and sister-in-law on the ground that she was not knowing household work. She even complained against her husband of harassment. After few days, the appellant again visited the house of the complainant to take hansabai along with him. The appellant had stayed overnight with the parents of deceased in their house. Next day morning, the appellant started with Hansabai to proceed to his village.

(2.) The prosecution alleges that on the same day at about 5. 30 p. m. the appellant and other three relations of the accused, who were charge-sheeted along with the appellant but. were acquitted by the trial Court, reached village Rohini, Taluka Chalisgaon, where the father of the deceased resided. At that time Kaduba father of the deceased was in his field. The appellant, along with his relations, came in a jeep. The jeep was stopped at a distance of 40 to 50 feet away from the residence of Kaduba. The dead body of Hansabai was lying in the jeep. The appellant and other persons left the dead body on the ground and they ran away from the place. P. W. 6 Karbhari made enquiries with the appellant and others and they informed him that as Hansabai was serious, they had come to leave her at that place. The sarpanch and Police Patil of the village also arrived at the spot. The dead body was brought to Government Hospital at chalisgaon. The doctor examined and declared her as dead. P. W. 2 Kaduba father of the deceased states that he had seen ligature mark around her neck and abrasions on the body of the deceased. He saw one abrasion on toe also. The face of the deceased had turned blackish. It is alleged that the prosecution witness No. 2 Kaduba thereafter, proceeded to lodge complaint with the police which is at Exh. 17. Crime was registered at Police Station, Chalisgaon at CR No. 84/1997. Police visited the spot of incident, recorded spot panchanama (Exh. 19). The statements of witnesses were also recorded. Some of the statements were recorded on 13-5-1997. The clothes of the deceased were seized under panchanama (Exh. 22). On 14-5-1997 the Investigating Officer visited the village Rohini and recorded panchanama (Exh. 21") of the place where the dead body was allegedly thrown by the appellant. Post mortem was conducted on the dead body. Viscera was preserved and sent to Chemical Analyser on 11-6-1997. Police filed charge sheet after completion of the investigation.

(3.) Initially, four accused persons were charge sheeted and tried by the Addl. Sessions Judge. By a judgment and order delivered in Sessions Case No. 104/1997 dated 20-12-1997, the original accused Nos. 2, 3 and 4 were acquitted of the offences punishable under Section 302 r. w. 34, 498-A r. w. 34 of IPC. The appellant was also acquitted of the offence punishable under Section 498-A of IPC. The appellant-original accused No. 1 was convicted for an offence punishable under Section 302 of Indian Penal Code and sentenced to suffer life imprisonment and fine of Rs. 2000/-, in default, rigorous imprisonment for one month. The appellant has preferred this appeal against the said judgment and order.