SUDHAKAR SUKRAM HAZARE Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) The State as well as the original accused who were tried in Sessions Case No. 75/87 have preferred appeal challenging the judgment and order dated-24-5-1995 by the 2nd Additional Sessions Judge, Chandrapur. THE original accused have preferred Criminal Appeal No. 201/95 challenging their conviction and sentence under Section s 304 (b), 498-A read with Section 34 of Indian Penal Code whereas the State has preferred Criminal Appeal No. 301/95 challenging their acquittal for the offence punishable under Section s 302, 201 read with Section 34 of Indian Penal Code and, therefore, both the appeals are being disposed of by this common judgment and order.

(2.) The appellant/original accused No. 1 Sudhakar s/o. Sukram Hazare and his father appellant/original accused No. 2 Sukram s/o. Adku Hazare were charged for having subjected Sou. Meera w/o. Sudhakar Hazare to cruelty and harassment at Village-Rampuri in furtherance of their common intention with a view to coerce her or her brother to satisfy unlawful demand of dowry which is an offence u/s. 498-A of the I. P. C. THEy were also charged that in furtherance of their common intention in between the night of 17-2-1987 and 18-2-1987 they strangulated Sou. Meera and caused her death, otherwise than under normal circumstances within 7 years of her marriage and, therefore, committed an offence punishable u/s. 304-B of IPC. THEy were further charged of having committed her murder u/s. 302 of IPC and for having caused disappearance of evidence connected with the said offence by throwing the dead body of Sou. Meera in the well with the intention to screen themselves from legal punishment and thereby committed an offence punishable u/s. 201 of IPC and on all these counts having committed the offence in furtherance of their common intention, charge of Section 34 of IPC was also framed against them.

(3.) Psi Sawarkar who was at the relevant time posted at Police Station Brahmapuri lodged a report on the basis of which Crime No. 30/87 came to be registered against the accused persons for having committed offence punishable u/ss. 498-A, 302, 201 read with Section 34 of IPC. The investigation in the case was taken over by PW-14 Dilip Shrirao, SDPO, Brahmapuri Sub-Division. On the basis of the report (Exh. 53), SDPO PW-14 Shrirao visited the spot and in the course of investigation he recorded statements of various witnesses and conducted house search of the accused but could not find any incriminating material. He prepared the spot-panchanama (Exh. 35) on21-2-1987 and thereafter took down statements of other witnesses and seized certain articles from Devidas Shende (PW-13), the brother of the deceased Meera. He collected handwriting of Pandurang Hajare for forwarding it to handwriting expert. He filed charge-sheet in the case against the accused persons on13-8-1987 and a supplementary charge-sheet after receiving the report of the handwriting expert to the Court of Sessions on30-3-1988.