SITARAM DADA Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Through this appeal the appellants-original accused Nos. 1 and 2 have challenged the judgment and Order dated 9. 10. 2003 passed by the learned Additional Sessions judge, Greater Bombay in Sessions Case no. 844 of 1998. By the said judgment and order the learned Sessions Judge convicted appellant No. 1 Sitaram Dada Lakade under sections 302, 498-A and 201 of I. P. C. appellant No. 2 Smt. Tarubai Dada Lakade was only convicted for the offence under section 498-A of I. P. C.

(2.) The prosecution story briefly stated is as under :-Kavita (deceased) was married to appellant No. 1 on 28. 5. 1996. Thereafter kavita started residing with both the appellants. Appellant No. 2 is the mother of appellant No. 1. It is the case of the prosecution that both the appellants were harassing Kavita for bringing gold ornaments and other articles from her parents. As the demand was not fulfilled in the year, 1997 kavita was thrown out of the matrimonial home by both the appellants. She came to reside with her parents. It was found that kavita was unwell. Hence parents of Kavita take her to Doctor for treatment. Doctor diagnosed her disease to be Tuberculosis. They informed appellant No. 1 about this fact whereupon appellant No. 1 told them that he was not ready to take her back due to her disease. P. W. 3 Pundlik Arjun who is the uncle of Kavita told appellant No. 1 that they would treat the disease and appellant no. 1 should thereafter take Kavita back. Around November, 1997 Kavita recovered from Tuberculosis. At that time appellant no. 1 told that he was not ready to take kavita back. However thereafter appellant no. 1 changed his mind and he took Kavita back. Hence in March, 1998 Kavita went back to the house of the appellants. On 14. 5. 1998 appellant No. 1 took Kavita to p. W.-13 Dr. Aziz Mhate for treatment. The said Doctor was at Vashi, Navi Mumbai. After Kavita was seen by the Doctor, both appellant No. 1 and Kavita were returning home by train. The appellant travelled in the gents compartment and Kavita travelled in the ladies compartment. The appellant alighted at Kurla. He did not find Kavita, hence he informed the station master and an announcement came to be made at the railway station. Thereafter in the morning of 15. 5. 1998 at about 9:00 a. m. dead body of Kavita was found lying on the slope of the railway-track between Mankhurd and vashi. P. W.-20 PI Malche then attached to trombay Police Station was informed about this fact. Hence he proceeded to the spot. Incise wound was seen on the neck of the dead body. So also other injuries were noticed. Message was sent to various Police stations in respect of finding of a dead body of a female. P. W.-1 P. S. I. Dhandore of trombay Police Station then lodged his f. I. R. in respect of murder of Kavita. Thereafter investigation commenced.

(3.) We have heard Mr. Nitin Sejpal, the learned Advocate for the appellants and mrs. A. S. Pai, the learned A. P. P. for the state. We have also perused the judgment and order passed by the learned Sessions judge as well as the records pertaining to the present case.