DINESH SAHEBRAO KADAM Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Accused No. 1 Dinesh, being aggrieved by the Judgment delivered by the learned Adhoc Additional Sessions Judge-1, Latur, in Sessions Case No. 49 of 2009, convicting him for the offences punishable u/s 302 and 309 of the Indian Penal Code, has preferred this appeal. The appellant was sentenced as follows: Sr.No. Offence Substantive Fine In default 1 302 Penal Code Life Imprisonment 1000.00 RI 1 month.

(2.) 309 Penal Code SI 3 months Concurrent.

(3.) 498A Penal Code Acquittal. In the said case, the parents and brother of the appellant were also prosecuted with additional charge u/s 498A r/w 34 of the IPC, but they have been acquitted. 2. Facts in brief, necessary for the decision of this Criminal Appeal may be stated thus - Deceased Manisha, aged 29 years, was daughter of a farmer PW6, Haribhau, resident of Takalgaon, Tq. Renapur, Dist. Latur. Besides Manisha, Haribhau had three sons. In 1998, Manisha was given in marriage to accused No. 1 Dinesh (appellant), who is son of accused No. 2 Sahebrao and accused No. 4 Yamunabai. Accused No. 3 Kiran is younger brother of the appellant. They are also residence of same village Takalgaon. But Kiran shifted to Latur. After marriage, Manisha started cohabiting with her husband and she was blessed with two male children namely; Atul & Amar (PW7). The accused are also farmers, holding around 20 acres of land. Accused No. 1 Dinesh was admittedly addicted to liquor. There was partition between the accused inter se and, accused No. 1 Dinesh converted a cattle shed fallen to his share into a house and he was residing there separately along with Manisha and his two children. Relations between accused No. 1 and Manisha were strained. Manisha filed a suit bearing R.C.S. No. 725/2005, for partition on behalf of her two children in the court of Civil Judge Senior Division, Latur on 09.12.2005. Due to strained relations, Manisha was residing along with her children at her maternal house for about 78 months in 200506, but there is undisputed material showing that the differences were settled amicably and Manisha resumed cohabitation with accused No. 1 - Dinesh. Still the suit for partition was continued. 3. Accused No. 3 Kiran was residing at Latur. On 16.12.2008, he reported (Exh. 140) to the police of Renapur Police Station that on the very day at about 10:00 a.m., he had been to Takalgaon and found that, his brother accused No. 1 - Dinesh and brother's wife Manisha had consumed poison. Manisha was found dead and accused No. 1 Dinesh was found unconscious in their house. He had arranged to send accused No. 1 Dinesh to the hospital for treatment. Accused No. 1 Dinesh was produced at 12:30 noon before Dr. Dinkar Dandade (PW8) at Rural Hospital, Renapur. He was unconscious. He had consumed some unknown poison. He was later referred to Government Hospital at Latur. The police arrived on the spot and conducted inquiry into the accidental death case u/s 174 of the Code of Criminal Procedure (hereinafter referred to as "CRPC"). Another brother of the accused namely; Deepak showed the spot where the dead body of Manisha was lying. There was one empty bottle of Touchdown insecticide. On the spot, there was one cotton rope and a chit purportedly written by accused No.1 Dinesh, stating therein that he had committed murder of his wife and he was committing suicide for which nobody should be held responsible. He blamed his mother-in-law and brother-in-law for his acts. On the same day at about 8:00 p.m., father of deceased Manisha (PW6) lodged FIR at Renapur Police Station. He disclosed that, all the accused were insisting deceased Manisha to claim partition in the property of her father and subjected her to ill-treatment, beating and starvation. Whenever Manisha used to visit her maternal house, she was disclosing these facts to her maternal relatives. Manisha had filed court proceedings for maintenance in the year 2006 and was residing at her paternal house. The accused promised to treat Manisha well and the matter was settled. Thereafter, Manisha resumed cohabitation, still Manisha was subjected to beating and abuses. On 16.12.2008 at 11:00 am., PW6 learnt about the death of Manisha. He immediately rushed to her matrimonial house and found that she was dead and there was ligature mark on her neck. Her husband was inside the house (unconscious condition) while other accused were outside the house. On the basis of FIR, crime was registered as C.R. No. 151/2008 for offences punishable u/s 302 and 498A r/w 34 of the Penal Code and was investigated into. Inquest panchanama was drawn on the dead body and autopsy was conducted on the next day at Rural Hospital, Renapur. Medical Officer opined that, Manisha died due to compression of neck. The investigation revealed that, PW7 Amar, (son of accused and deceased - Manisha), had witnessed the incident at about 3:00 to 4:00 AM. He had seen his father sitting on the chest of Manisha and throttling her. Statement of Amar and his brother were recorded before the Judicial Magistrate First Class u/s 164 of the CRPC. All the accused were arrested. The Investigating Officer recorded statements of material witnesses. The articles found on the spot were seized and sent for chemical analysis. The chit found on the spot was sent to Handwriting Expert along with Specimen handwriting of the accused and there was report of Handwriting Expert (PW9) that chit was in the handwriting of accused No. 1. After completing investigation, the prosecution filed charge-sheet with a case that, accused Nos. 1 to 4 had subjected Manisha to cruelty and all of them committed murder of Manisha.