SACHIN BABULAL SURYAVANSHI Vs. THE STATE OF MAHARASHTRA

JUDGEMENT

(1.) The above Appeal is preferred against the judgment and order dated 10 November 2011 passed by the Additional Sessions Judge, Kalyan, convicting the Appellant/original Accused No.1 for the offence punishable under section 302 IPC and sentencing him to life imprisonment. The Appellant was also convicted for the offences under sections 304-B IPC and 498-A IPC for which he was sentenced for seven years and for two years respectively. The other accused persons namely, Accused Nos.2, 3 and 4 who are the father, mother and sister k 2/15 901 criminal apeal 40.12 as.doc respectively of the Appellant were acquitted of all the aforementioned charges. The Appellant and the other accused persons were acquitted of the offences under sections 202 IPC and 203 IPC read with section 34 IPC.

(2.) The case of the prosecution in nutshell is as follows - the victim Bhavana (hereinafter referred to as 'the deceased') and the Appellant were wife and husband. Their marriage was performed in Bharatpur in the State of Rajasthan on 2 December 2007. After marriage the deceased started residing with the Appellant at Ulhasnagar at their matrimonial home. The Appellant was not working. The Appellant and other accused persons used to ill-treat the deceased and demanded money from her. The deceased was subjected to physical and mental cruelty. On 28 December 2008 Tuna (PW1) who is the sister of the deceased, received a call at about 12.30 pm from the Appellant who informed her that the deceased was in an unconscious state and was admitted to Sridevi Hospital at Kalyan. The Appellant thereafter again contacted Tuna on phone and informed her that the deceased was no more and that she should come to Central Hospital, Ulhasnagar. When Tuna reached the Hospital at 3.30 p.m. she saw the corpus of the deceased and found that there were blackish marks on her neck and abrasions on the right cheek. Tuna lodged the FIR (Exhibit 42) in the Central Police Station, Ulhasnagar at about 1.15 a.m. on 29 December k 3/15 901 criminal apeal 40.12 as.doc 2008. On her FIR, CR No.I 274 of 2008 was registered in the Police Station for offences under sections 498A, 302 and 304B read with section 34 of IPC against the Appellant and other accused persons.

(3.) The Investigating Officer (PW11) attached to the Central Police Station, Ulhasnagar, started investigation. He prepared inquest panchanama (Exhibit 67), and also collected the postmortem notes (Exhibit 46) as also the advance cause of death Certificate (Exhibit 47). Spot panchanama (Exhibit 63) and panchanama of seizure of clothes of the deceased (Exhibit 78) were also prepared. The clothes of the Appellant were seized during the arrest panchanama (Exhibit 80). The gold ornaments of the deceased were recovered from the cupboard in the house of the Appellant under Panchanama (Exhibit 83) pursuant to his disclosure statement (Exhibit 82). The CA Reports (Exhibits 50, 51 and 52) were also collected. On completion of the investigation, (PW11) Investigating Officer filed charge-sheet against the Appellant and other accused persons in the Court of Judicial Magistrate, First Class, Ulhasnagar on 18 March 2009. The Judicial Magistrate, First Class, by an order dated 23 March 2009 committed the case to the Sessions Court. The Charge (Exhibit 35) dated 11 February 2011 was framed against the Appellant and other accused persons. The Appellant and other accused persons denied the charges and claimed to be tried. The defence of the Appellant and other accused persons k 4/15 901 criminal apeal 40.12 as.doc was that of denial and false implication. The Prosecution examined 11 witnesses to bring home the guilt of the Appellant and other accused persons. After hearing the parties, the impugned judgment and order was passed by the Trial Court as indicated in paragraph 1 hereinabove.