GAJANANSINGH FUL SINGH RAJPUT Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) THE accused Gajanansingh has challenged his conviction for an offence under Section 306 as also under Section 498-A of the Indian Penal Code by way of Criminal Appeal No. 160/94.

(2.) THE prosecution story is extremely short : gajanansingh was the husband of Vijayabai. The said Vijayabai was reached to a hospital in Jalgaon Jamod in a burnt condition. The doctor on duty examined her and informed the police station about it. On receiving the information, the police arranged the taking of the dying declaration of the unfortunate lady. The said dying declaration was recorded by the Taluka Magistrate P. W. 8 Bhalchandra Warsale. On the basis of this dying declaration, a report was also scribed by the Police Station Officer Menghrajani and thumb-marked by the deceased and that report was treated as a First Information Report and on that basis the further investigation ensued. The accused was arrested. The lady died in the hospital at Khamgaon where she was referred by the Medical Officer of Jalgaon Jamod. After the necessary investigation including that of spot panchnama, inquest panchnama, seizure panchnamas of the clothes and other incriminating articles, etc. , the charge-sheet came to be filed before the Judicial Magistrate, First Class, Jalgaon Jamod by the police, who committed the matter to Sessions Court.

(3.) BEFORE the Sessions Court, the accused was firstly charged on 17-6-1991. This was a charge framed by one Shri P. M. Bansod, Additional Sessions Judge wherein the accused was charged for abetting the suicide of his wife and consequent charge under Section 306 of the Indian Penal Code was levelled. The further charge was under Section 498-A of the Indian Penal Code on the ground that the accused had treated her with physical and mental cruelty. One does not know what happened thereafter but there is a further charge on 15-9-1992. By this time Shri Bansod was probably transferred and was replaced by Shri B. G. Patil, Additional Sessions Judge. He framed another charge and in that it was alleged that Vijayabai the wife of the accused during her stay with the accused was ill-treated and tortured physically and mentally for about 7 years of her marital life and ultimately in the morning of 8-10-1989 she was beaten so mercilessly that it became unbearable for her and because of the accuseds unbearable treatment she committed suicide by self immolation in the house of the accused and by the act of merciless beating the accused had abetted the commission of suicide and thereby committed an offence under Section 306 of the Indian Penal Code. Conspicuously enough, this charge was framed on 15-9-1992 almost one year after the first charge. Both the original charges are on the record and the order-sheet is completely silent as to why the charge dated 15-9-1992 was felt necessary and under what circumstances, the said charge was framed. Strangely enough, again in the latter charge dated 15-9-1992 there is no allegation of an offence under Section 498-A of the Indian Penal Code though in the wording of the charge such allegations are to be found. There is also no allegation of merciless beating that was alleged in the charge dated 15-9-1992. Be that as it may, the accused claimed that he was innocent and abjured the guilt.