RAMDAS AJABRAO INGOLE Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) THROUGH this appeal, appellants/original accused challenge the judgment and order dated 20.5.2003 passed by the learned Assistant Sessions Judge, Amravati in Sessions Trial No. 27 of 1998. By the said judgment and order, the learned Assistant Sessions Judge convicted the appellant No.1 Ramdas under Sections 354 and 306 of the Indian Penal Code. For the offence under Section 354 IPC, he has been sentenced to suffer rigorous imprisonment for two years and to pay a fine of Rs. 200/ -, in default, to suffer simple imprisonment for four months. For the offence under Section 306 r/w Section 34 IPC, he has been sentenced to suffer rigorous imprisonment for ten years and to pay a fine of Rs. 200, in default, to suffer simple imprisonment for four months. Appellant No.2 Vitthal has been convicted under Section 306 r/w Section 34 IPC and sentenced to suffer rigorous imprisonment for ten years and to pay a fine of Rs. 200/ -, in default, to suffer simple imprisonment for four months.

(2.) THE prosecution case, briefly stated, is as under: Deceased Jayashree was married to appellant No.2 Vitthal on 15.6.1997. After her marriage, she went to reside with her husband at village Bhankheda in district Amravati. After Jayashree came to reside with appellant No.2 Vitthal, her father -in -law i.e. appellant No.1 Ramdas used to come to their house intermittently after a gap of about 7 -8 days and he used to exhibit indecent gestures towards Jayashree and tried to outrage her modesty. He exhibited his desire to have sexual intercourse with Jayashree. However, Jayashree refused. Jayashree informed her husband Vitthal about this fact. Vitthal told her that he would talk to his father. However, he did not take any steps to do so.

(3.) JAYASHREE came to be admitted in Irwin Hospital, Amravati. P.W.6 PSI Marale recorded the dying declaration of Jayashree. The said statement (exhibit 46) was also treated as an FIR. After lodging of the complaint, investigation commenced. During the course of investigation, statements of various witnesses came to be recorded. After completion of investigation, charge -sheet came to be filed.