BHAGWAT KEWALRAM MASRAM Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) THE appellant is the original accused who has challenged this conviction for the offence punishable under section 302 of Indian penal Code and sentence of imprisonment for life and fine of Rs. 100/- in-default to suffer imprisonment for. 3 months by Additional Sessions Judge, Bhandara in sessions Trial No. 15/1992 decided on 4-7-1995.

(2.) THE appellant is the resident of village Mendha (Chapral) Tahsil -Lakhandur, District - Bhandara. He was residing with his mother and PW 12 ravi s/o Zittu Madavi (the son of his maternal aunt ). The appellant and PW 12 ravi were taking education at Lakhandur. In May, 1990, the appellant married to shashikala alias Bhavika, the elder daughter of PW 6 Sau. Draupadabai w/o bajirao Maldongre and PW 9 Bajirao s/o Madhav Maldongre. PW 6 Sau. Draupadabai was residing at village Kavalshi, Tahsil - Lakhandur, District -Bhandara and PW 9 Bajirao was serving as a Teacher at village Deutola, District- Bhandara. After marriage Bhavika went to her matrimonial house at village mendha and stayed there for about a month. Thereafter, she was brought back to her mother's house at village Kavalshi. After the month of Kartik, Bhavika went to village Mendha at her matrimonial house.

(3.) ON 26-11-1990 PW 12 Ravi returned to the house from school at about 5/6 p. m. He saw a dead body hanging from the rafter of the roof of the house. He thought it to be a ghost and rushed out of the house and informed the neighbours. On the same day, PW 14 Motiram s/o Pusaram Masram (the uncle of the appellant) prepared a report and through Police Patil took it to Police Station, lakhandur. On the basis of the said report A. D. No. 43/1990 under section 174, criminal Procedure Code was recorded on 27-11-1990. On the same day PSI madavi (PW 18) visited the place of incident and prepared spot panchanama (Exh. 45 ). He also prepared inquest panchanama (Exh. 44 ). On that day PW 6 draupadabai (mother of deceased Bhavika) lodged report (Exh. 25) at P. S. Lakhandur alleging therein that the appellant had illicit relations with another woman, that he ignored his wife Bhavika and that Bhavika might have committed suicide because of the mental and physical torture. On the basis of the said report Crime No. 100/1990 under section 498-A and 306 of Indian Penal code was registered against the appellant at Exh. 60. On 28-11-1990 autopsy on the body of Bhavika was conducted by PW 7 Dr. G. S. Lanjewar and a Lady medical Officer Dr. S. D. Agrawal at Cottage Hospital, Sakoli. Continuous ligature mark around the neck was noted, so also contusions and abrasions on other parts of the body were noted. The Doctor opined that the cause of death was shock due to strangulation. Accordingly they prepared post-mortem report (Exh. 27 ). During the course of investigation two post cards dated 1-8-1990 (Exh. 35) and 24-9-1990 (Exh. 34) written by the appellant to his father-in-law pw 9 Bajirao Maldongre were seized from PW 6 Sau. Draupadabai. On chemical analysis of viscera no recognisable poison was detected. After completion of investigation, the appellant was charge-sheeted for the offences punishable under section 498-A and 302 of Indian Penal Code.