ANKUSH FAGOJI CHANDEKAR Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Both accused-appellants were convicted by ilnd Additional Sessions Judge, Wardha for having committing offence punishable under sections 498-A, 302 and 201 of Indian Penal Code and were sentenced to imprisonment for life and fine of Rs. 100/ -. The accused Nos. 2. 4 and 5 were convicted under section 498-A alone, but they have not preferred appeal before this Court. We are, therefore, hearing appeal of accused Nos. 1 and 3 alone.

(2.) The facts giving rise to this appeal are as under : deceased Bhagirathibai was married to accused-appellant No. l. Accused no. 2 is the father of accused No. l, accused-appellant No. 3 is the mother, accused no. 4 is the sister. After the marriage the deceased came to live with the accused persons. It is alleged that while she was living with them she was subjected to mental and physical cruelty. She was also being beaten and teased by the accused persons, particularly accused-appellants Nos. 1 and 3. It is further alleged that on 17-2-2001 the Police Patil of village Girad found smoke emitting from the house of the accused persons. He, therefore, went there and found one woman and child lying in dead condition. They were completely burnt. A report thereof was sent by him to the police. The police came to the place of incident and found that bhagirathibai and her son Aakash were completely burnt. Their dead bodies were sent for post-mortem examination. The brother of the deceased Bhagirathibai lodged report with the police upon which offence under sections 498-A, 302 and 201 of Indian Penal Code was registered. When the Police Patil had gone to the house of the accused-appellants none of the accused-appellants were present. It is alleged that after the accused were arrested, accused-appellants No. 1 and 3 made a statement before the police that they would show the clothes which they were wearing at the time of commission of the offence. They led the police party to the house of accused No. 4 from where those clothes were seized by the police. They were smelling of kerosene. The Medical Officer opined that the burn injuries on the person of both the deceased were post-mortem. They were however unable to arrive at conclusion as to the exact cause of death. The viscera was collected. Viscera was sent to the Chemical Analyser along with the clothes of the accused-appellants. The statement of the witnesses were recorded by the police and upon completion of the investigation a charge-sheet was presented to the Magistrate.

(3.) The Sessions Judge framed the charge and recorded the evidence of the witnesses. All accused pleaded not guilty. Upon consideration of the evidence the learned Sessions Judge found accused Nos. 1 to 5 guilty of offence under section 498-A and accused-appellants No. 1 and 3 of offences under sections 302 and 201 of Indian Penal Code. It is against this order of conviction that this appeal has been preferred by accused No. 1 and 3 alone.