DADARAO SHANKAR BAGHAV Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) The appellant accused alongwith his father Shankar Ramchandra Bagav and mother Sou.Girijabai Shankar Bagav were tried on a charge of having committed offence under section 302, 498-A r/w s.34 of the Indian Penal Code by the IV Additional Sessions Judge, Pandharpur. By judgment and order dt.3.11.01, the trial court found the appellant accused Dadarao Shankar Bagav guilty of having committed offence punishable under section 302 of the Indian Penal Code and was sentenced to suffer imprisonment for life and to pay fine of Rs.1000/- in default to suffer simple imprisonment for six months. He was also granted set off under section 428 of the Cr.P.C. The appellant accused was acquitted of the charge of having committed offence punishable under section 498 r/w s.34 of the Indian Penal Code whereas the original accused no.2 and 3 i.e. parents of the appellant accused were acquitted of the offence punishable under section 302, 498-A r/w s.34 of the Indian Penal Code.

(2.) It is the prosecution case that the deceased Varsharani was married to the appellant accused Dadarao Shankar Bagav on 10.7.99 and came to reside with the appellant accused. Soon after the marriage the appellant accused and her parents started ill-treating her on the pretext that she was not doing any work and cooking properly. This fact was revealed by her to her parents and relatives when she returned from her in-laws place. Inspite of that she was sent to matrimonial house by her parents.

(3.) On the fateful day i.e.11.10.1999 at about 9.50 p.m. Sou. Varsha was brought to Primary Health Center, Velapur in burnt condition where she was attended by Dr.Anirudha Pimple, P.W.No.1 who was the Medical Officer in charge of Primary Health Centre. Dr.Pimple informed the police and referred the patient to Civil Hospital, Solapur vide the communication Ex.10. On reaching Civil Hospital, Solapur, she was admitted by Dr.Phule, P.W.No.13 who was on duty, called Police Head Constable Abdul Razak, P.W.No.2 who was attached to the Police Chowki situated in the campus of Civil Hospital, Solapur.