ANKUSH RAMRAO KAMBLE Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Appellant-ankush Ramrao Kamble and his paternal aunt-Kamlabai Anandrao Kamble (original accused No. 2) were prosecuted for offences punishable under sections 201, 302, 306 and 498-A read with section 34 of the Indian Penal Code (for short "the IPC"). The trial Court acquitted accused No. 2 of all the offences. Appellant is acquitted for offences punishable under sections 498-A and 306 of the Indian Penal Code. He is, however, convicted for the offences punishable under sections 302 and 201 of the indian Penal Code for having committed murder of his wife Premila @ Vaishali at their residential house at Madansuri, Tq. Nilanga, District Latur. For the first offence, the appellant is sentenced to suffer imprisonment for life and to pay a fine of Rs. 1,000 in default to suffer S. I. for three months and for the second offence, he is sentenced to suffer R. I. for one year and to pay a fine of Rs. 1,000/-in default to suffer S. I. for three months. The appellant has impugned this order of conviction and sentence, in the present appeal.

(2.) The prosecution case in brief is that, the appellant is a teacher in local school at Anandwadi. Anand, aged 11 years and Aarti, aged 9 years, are his two children from first wife Vaishali. Vaishali died in suspicious circumstances. Appellant, then, married Premila @ Vaishali (the deceased) daughter of shantabai (complainant) on 23rd June, 1995. Avinash aged 5 years and one year old Anita were born within the wedlock from the second wife. At the relevant time, appellant was living with the deceased, his four children and paternal aunt kamlabai (Original accused No. 2). Appellant was demanding Rs. 25,000/- for borewell and five bags of Jowar from the mother of the deceased and was torturing his wife as the demand was not met by her mother. The deceased used to inform her brother Govardhan (PW 5) and sister Zarita (PW 4) about her plight. On 28th September, 2002, friends of appellant Ashok Dhondiram Sagar and Satish Bhaurao Mane (DW 5) informed complainant at about 8. 00 p. m. that her daughter committed suicide. As the information was given late in the night, the complainant came to village Madansuri on the next day with her son, neighbour-Trivenibai (PW 6) and other relatives. Zarita and her husband Balaji (PW 7) came to Madansuri from Korali. All of them saw the ligature mark around the neck of the deceased. After arrival of the relatives of the deceased, at 11. 45 a. m. , the appellant informed Kasarsirsi Police that on the morning of 28th, his wife committed suicide on account of domestic quarrel. On the basis of this information, A. D. No. 272/2002 was registered. As a sequel, API Nawande (PW 8) , visited the spot. After holding the Inquest, he sent the dead body to Rural hospital, Kasarsirsi for post-mortem. PW 8 then prepared Panchanama of the scene of occurrence (Exh. 10) and attached rope having length of 7 feet found on the spot. On 30-9-2002, mother of the deceased lodged report alleging that as the demand for dowry of Rs. 25,000 and five bags of Jowar was not met by her, the appellant and his paternal aunt Kamlabai were torturing her daughter and that her daughter has committed suicide on account of this torture. In view of this complaint, offence under sections 306 and 498-A of the Indian Penal Code was registered at 6. 30 p. m. During the course of investigation, PW 8 arrested the accused and recorded statements of witnesses. On receipt of the post-mortem report showing that the death was due to strangulation, the Investigating Officer filed charge-sheet against the appellant and his paternal aunt. At the commencement of the trial, charge (Exh. 5) was framed against the accused for the offences punishable under sections 306 and 498a read with section 34 of indian Penal Code. Later on, the trial Court framed fresh charge (Exh. 34) for the offences punishable under sections 201, 302, 306 and 498a read with section 34 of the Indian Penal Code.

(3.) Pleading not guilty to the charge, in addition to the theory of suicide on account of domestic quarrel, the appellant propounded that the deceased committed suicide as she was suffering from AIDS. To establish the defence, seven witnesses including Trivenibai (PW 6) were examined.