VINOD DAMU SONWANE Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) THIS appeal is directed against the judgment and order dated 16-3-2006 passed by learned IInd Additional Sessions Judge, Jalgaon, whereby the appellant herein has been convicted for the offences punishable under sections 448, 354, 306, 506 of the Indian Penal Code. He has been sentenced to rigorous imprisonment for one year and to pay fine of Rs.500/-, in default, to suffer rigorous imprisonment for three months for the offence punishable under section 448 of the I.P.Code. He has been sentenced to suffer rigorous imprisonment for one year for the offence punishable under section 354 of the I.P.Code and for the offence punishable under section 306 of the I.P.Code. The appellant has been sentenced to suffer rigorous imprisonment for five years, in default, to suffer rigorous imprisonment for one year. Finally, one year rigorous imprisonment is awarded to the appellant for the offence punishable under section 506 of the I.P.Code.

(2.) THE prosecution story runs as follows : Complainant Chandrakala and her husband Ashok Kashiram Patil (not examined) and their children are residents of Ridhur, taluka and district Jalgaon. It is stated that appellant, original accused, Sonawane used to tease their daughter Kum. Nirasha (since deceased). The accused allegedly used to make phone calls wanting the deceased to have love affairs with him. It is alleged that there was some quarrel between the accused and the husband complainant Ashok Patil on 17-5-2004 and the report in that connection had been also lodged in the police station by Ashok Kashiram. The fact of telephone calls and threats by the accused and teasing of the girl by the accused were known to her husband and husband's brother Nilkanth Kashiram Patil (also not examined). On 19-10-2004, at 8.30 p.m., again girl was threatened by the appellant. This happened near idol of Durga at a public place and the girl came back and informed her mother and father about this. The boy also came near the house of the complainant and threatened and assaulted the parents of the girl with a stick. On the date of the incident, i.e. 20-10-2004, it is stated that the father of the girl had gone to lodge the report in Jalgaon police station at morning while the complainant was also required to go to her mother-in-law's sister. Girl Kum. Nirasha, the deceased, remained in the house with her younger sister. It was at this point of time, the accused allegedly entered the house and demanded physical relations with the deceased and outraged her modesty. Thereafter, the accused left and the girl allegedly committed suicide by consuming poison. Kum. Nirasha was rushed to Civil Hospital, Jalgaon. On way to hospital, she allegedly disclosed about the particulars of the incident to the complainant. The girl was declared dead on arrival in the hospital at Jalgaon. The report about the offence was lodged by the complainant, Sou. Chandrakala on 21-10-2004 at about 4.25 p.m. Earlier, on the basis of information by Dr. Vinay Sonawane of Civil Hospital, Jalgaon on 20-10-2004 at about 11.55 a.m., A.D. had been registered by the police. The body of the girl was subjected to post mortem examination and the doctor preserved the viscera for C.A.examination. After completion of the investigation, the accused was charge sheeted for the offence punishable under sections 354, 448, 306, 323, 504 of the Indian Penal Code.

(3.) I have heard Shri A. N. Kakade, learned Counsel for the appellant and learned Additional Public Prosecutor in the matter. The oral evidence of complainant and her daughter Vijaya and that of Autopsy Surgeon, in particular, has been examined. The documents exhibited and proved in this case have also been read. Finally, the impugned judgment is carefully gone through by me. There is no difficulty in holding that Kum. Nirasha, 18 years old daughter of the complainant, has died and she has, in all probability, committed suicide. It is the medical officer of Civil Hospital at Jalgaon who has informed the police on 20-10-2004 at about 11.55 stating that the deceased relatives have brought dead body of the girl. The information given at the time the girl was brought in the hospital, was that she had consumed poisonous substance. This information was with the police at about 11.55 a.m. and this incident has taken place earlier in the morning at about 8.55 a.m. on 20-10-2004.