ANAND MADHAV GAIKWAD Vs. STATEOF MAHARASHTRA

JUDGEMENT

(1.) THIS appeal is preferred by appellants (original accused Nos. 1 and 3), challenging the Judgment and Order of conviction and sentence dated 6th August 2004, passed by the learned Ad-hoc additional Sessions Judge, Latur, in Sessions Case No. 58 of 2002, convicting them for the offence, punishable under Section 302, read with section 34 of Indian Penal Code and sentencing each of them to suffer rigorous imprisonment for life and to pay fine of Rs. 500/- each, in default, to undergo rigorous imprisonment for six months. The learned Judge, however, acquitted the appellants for the offences, punishable under Section 498-A read with Section 34 of Indian Penal Code. The learned Judge however, acquitted the original accused No. 2, Madhav Ananda Gaikwad, for the offences punishable under Section 498-A and 302, read with Section 34 of the Indian Penal Code.

(2.) THE facts of the prosecution case briefly be stated as under: deceased, Aruna married the appellant No. 1, Ananda about nine years, before the incident, which took place on 28. 6. 2000. After the marriage, she gave birth to one son and two daughters. The accused were alleging that the children born to deceased, are not begotten from her husband. It is the prosecution case that, prior to one day of the incident, accused called the parents of the deceased, Aruna. The accused insisted the parents of the deceased to take their daughter with them. In fact, deceased also requested her parents to take her to the parental home. However, the parents of the deceased did not oblige and returned back to their home. On the day of the incident, the accused asked deceased to leave their house and threw her luggage out of the house. As she refused to leave the house, accused set her on fire. However, accused No. 2, Madhav, the father-in-law of the deceased extinguished the fire with the help of quilt and took her to the Civil Hospital, Latur, Dr. Choudhari Abdul Hamid, PW-12, the Medical Officer of Civil Hospital, Latur, who first examined the deceased in a burnt condition and after admitting the deceased in the hospital, informed Gandhi Chowk Police Station. Ramdas Rajaram Mohite, the Head Constable, attached to the Gandhi Chowk Police Station, Latur, on getting the information from the Medical Officer, Choudhari, went to the hospital and recorded the statement (Exh. 38) of deceased at about 1. 45 p. m. He also gave a letter to Taluka Executive Magistrate, for recording the dying declaration, Uttam Dudhale, PW-6, Naib Tahsildar, Latur, reached hospital at about 2. 30 p. m. and recorded the dying declaration (Exh. 60) of the deceased. A. P. I. , Rajendrasinha Prabhusinha Gaur of gandhi Chowk Police Station, registered the offence against the accused. After registering the offence, he started usual investigations. Deceased aruna succumbed to injuries in the hospital on the next day, i. e. on 29. 6. 2000,. at about 11. 00 a. m. On completion of investigations, investigating Officer filed chargesheet in the Court of learned Judicial magistrate, First Class, Ahmedpur who, in turn, committed the case to the Court of Sessions, as the case was exclusively triable by the Court of Sessions.

(3.) THE learned Additional Sessions Judge framed the charge (Exh. 4)against all - the accused, for the offences, punishable under Ss. 498-A 302 read with Section 34 of the Indian Penal Code. The accused pleaded not guilty to the charge and claimed to be tried. Their defence is of total denial. The learned trial Judge at the end of trial, after appreciating the evidence on record and the statements of the witnesses, recorded under Section 313 of Cr. P. C. passed Judgment and order, as stated in earlier paragraph of the Judgment.