RAMDAS EKNATH MEHARE Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Appellant Ramdas was convicted for the offence punishable under sections 302 and 201 of the Indian Penal Code in sessions Case No. 47/1986 by Additional Sessions Judge, Amravati by his judgment dated 30-7-1993. He was prosecuted for the aforesaid offences along with other offences under sections 498-A, 306, read with section 34 of the Indian penal Code along with his mother accused No. 1 Sau Laxmi (since deceased) , accused No. 2 he being himself, accused No. 3 Eknath his father (deceased) , accused No. 4 Ramrao husband of the sister of accused No. 1 Laxmi, accused no. 5 Niranjan Bhuyar son of accused No. 4 Ramrao and one Parasram accused no. 6. During trial, accused No. 1 Laxmibai, accused No. 3 Eknath, accused no. 4 Ramrao died and therefore, the trial was completed only against accused no. 2 i. e. present appellant, accused No. 5 and accused No. 6, named above. After the trial, accused No. 5 and 6 were acquitted of all the offences. Whereas the appellant accused No. 2 Ramdas was acquitted of the offence punishable under section 498-A as well as section 306 of the Indian Penal Code. He was, however, convicted and sentenced for the offences mentioned above. Appellant ramdas challenges this conviction and sentence. Sentences are imprisonment for life and fine of Rs. 1000/- for the offence under section 302 of the Indian Penal code and R. I. for one year for offence under section 201 of the Indian Penal code.

(2.) Prosecution case in brief is as under: chandrakala daughter of one Punjaji Mondhe of village Loni was married to appellant accused No. 2 Ramdas [hereinafter referred to as accused No. 2 for the sake of convenience] at village Fulmala sometime in the year 1976 She started residing with her husband. Accused No. 1 Laxmi and accused No. 3 eknath were her in-laws i. e. parents of accused No. 2. One Jaiwantabai the sister of accused No. 1 Laxmibai had married with accused No. 4 Ramrao. Accused no. 5 is the son of accused No. 4 Ramrao and the said Jaiwantabai. Accused No. 5 is also resident of Fulmala and resides in the vicinity of the house of accused no. 2 Ramdas. Accused No. 6 Parasram is resident of Shiogaon and is acquainted with the family of accused No. 2 Ramdas. It is the prosecution case that accused no. 2 Ramdas, his parents used to beat, ill-treat and harass the said Chandrakala for petty reasons. They were alleging that she was in habit if eating stealthily and for this she was reached to her parents' home twice. It is alleged that, she had come to her matrimonial home just sometime prior to the incident due to intervention of accused No. 6 Parasram. It is the case of the prosecution further that one Kusum is wife of Bhimrao; the real brother of accused No. 4 Ramrao. Kusum is his second wife. He had one son Dilip from his first wife. It is alleged that about 2-3 days prior to the death of Chandrakala she had asked Kusum as to whether she used to sleep with Dilip suggesting that she had illicit relations with her stepson Dilip. She became angry. It is alleged that on this count Kusum had assaulted and beaten Chandrakala. On 29-9-1985, at about 7. 00-7. 30 p. m. Kusum along with Jaiwantabai wife of accused No. 4 Ramrao had gone to the house of accused No. 2 Ramdas and complained to him that Chandrakala was spreading rumour in the village regarding illicit relationship of Kusum with her stepson dilip. Accused No. 2 Ramdas then started beating Chandrakala. Her cries and shouts were heard by others, outside the house, however, after sometime said sound stopped. Next day morning i. e. on 30-9-1985 accused No. 2 Ramdas told people in the village that his wife Chandrakala had committed suicide by jumping into well in the field of one Bansilal. In the noon time he informed the police Patil of the village accordingly. Police Patil then confirmed the fact that the dead body of Chandrakala was lying in the said well and sent written report to the police station. The report was sent through Kotwal Ramdas Khadse, upon which A. D. No. 12/1985 was registered at the instance of Head Constable chimote. He proceeded to the spot of incident. He could not take out the dead body at that time, so on 1-10-1985 in the morning he again went to the spot of incident. By dropping the hook in the well the dead body of Chandrakala was fished out. Later on he prepared inquest Panchnama on the dead body. He also prepared spot Panchnama. He sent the dead body for post-mortem examination. Post-mortem Examination was conducted by Dr. Sharad Khanorkar who issued autopsy report. However, as dead body was in the process of decomposition and findings were somewhat inconclusive, he opined that no definite opinion could be given as the body was in the process of decomposition. He, however, preserved viscera for Chemical Analysis and report. Said viscera was sent to chemical Analyser. However, no recognized poison was detected.

(3.) During the course of investigation, as it was transpired that Chandrakala committed suicide, due to cruel treatment given by her husband and in-laws, offence was registered under section 306, 498-A, read with section 34 of the indian Penal Code vide Crime No. 122/1985 and concerned accused were also arrested. However, later on, further investigation was handed over to Local crime Branch Amravati i. e. to Dy S. P. Swami. He received these investigation papers of Crime No. 122/1985. Then Dy. S. P. Swami conducted latter investigation from 3-12-1985 onwards, on that date some informants told him that one Baban Bhonduji Sarise was the eye witness to the dropping of the dead body by the above mentioned four accused in the well. He recorded statement of that witness and one Sukhdeo Solanki and went to Amravati and registered offence under section 302 of the Indian Penal Code and informed the concerned judicial Magistrate accordingly. As the statement of the said Baban disclosed that accused No. 4 Ramrao, accused No. 5 Niranjan, Accused No. 6 Parasram had also accompanied and assisted No. 2 Ramdas in throwing dead body of chandrakala in the well, they were also arrested. This Dy, S. P. Swami claims that he could not pay any attention to this case till 3-12-1985 though case papers were received in the L. C. B. Office on 1-11-1985, due to communal riot. The report of C. A. was received. During the investigation by Local Crime Branch a query letter was sent to Dr. Khanorkar seeking opinion on some points, so as to enable to infer as to whether the death of the deceased was due to drowning or not. Dr. Khanorkar informed that the death was not possible due to drowning, meaning thereby she was "dead" before she was thrown in the well. After due investigation, charge-sheet against accused persons mentioned above was submitted for the offences under sections 302, 201, 498-A read with section 34 of the Indian Penal Code.