CHANDRAKANT VIRUPAKSHA NANDANWADE Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) The Appellant being aggrieved by the Judgment and Order dtd. 15/2/2000 passed in Sessions Case No. 31 of 1995 convicting the accused for the offences punishable under Ss. 498-A and 306 of Indian Penal Code, 1860 (for short "IPC") and sentencing him to suffer imprisonment for a period of 3 years and 5 years respectively with fine.

(2.) The facts which led to the filing of the present appeal can be narrated in brief as under.

(3.) It is the case of the prosecution that deceased Vandana, daughter of informant i.e. PW-1 Vithhal was married to accused on 1/6/1986. After the marriage both lived together in the parental house of the deceased and thereafter they started residing separately at Wagle Estate, Thane. Two daughters and a son is begotten out of the said wedlock. Accused as well as deceased Vandana were employed. It is further case of the prosecution that the deceased used to disclose to her parents and siblings about the demand of the money made by the accused for the purchase of bungalow and on that count she was harassed. On 4/11/1994 i.e. on the day of Bhaubij brother of the deceased visited her house and left at around 9:00 p.m. Thereafter, incident occurred in which deceased Vandana sustained burns and died. It is the case of the prosecution that it is a suicidal death and the accused has abated to the same. Initially the accidental death No. 139 of 1994 came to be registered under Sec. 174 of Cr.P.C. The father of the deceased was report with Wagle Police Station being Crime No. 276 of 1994 for the offences punishable under Sec. 498-A and 306 of IPC. The investigation into the said crime was carried out by PSI Chaudhary. He visited the spot of the incident and drew spot panchanama in presence of the panch witnesses. Incriminating articles were seized from the spot. The dead body was sent for post mortem examination and a report was included in the investigation paper. It was revealed therein that the deceased sustained 96% burn and died due to the shock of burns. Statements of witnesses were recorded. On completion of the investigation chargesheet came to be filed. Charge was framed against the accused vide Exhibit-3. He adjured the charge. Prosecution examined 5 witnesses out of which PW-1 to PW-4 are parents and siblings of the deceased. PW-5 is the Investigating Officer. On the basis of evidence on record the learned Trial Court found accused guilty for the offences charged against him and passed impugned Judgment and Order, hence this appeal.