SURESH HARIBHAU PHARANDE Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) FEELING aggrieved by the order of conviction and sentence dated 29th March, 1990 passed by the III Additional Sessions Judge, Satara in Sessions Case No.195 of 1989, the Accused No. 1 to 3 have filed this criminal appeal.

(2.) ADUMBRATED in brief the facts of the present prosecution case are as under :

(3.) THE deceased Rajashree died on 31st August, 1989 because of drowning in the well. Her dead body was not traced immediately, The Accused No.1 Suresh visited her parent's place and made inquiry about her. He had also lodged a missing report in the police station on 1st September, 1989. In spite of strenuous search, accused no.1 could not trace Rajashree. Later on, her body was found in the well. The parents of Rajashree were immediately summoned to Ozarde. Dr.Shah performed the post mortem examination on the dead body of Rajashree and opined that the cause of the death of Rajashree was due to asphyzia at a result of drowning in the well. Shri Hanumant Dyandeo Bhongale; the brother of the deceased Rajashree lodged First Information Report in the police station on 3rd September, 1989, on the basis of which, the Crime No.169 of 1989 came to be registered under Sections 498-A, 306, 304-B read with 34 of the Indian Penal Code. The Investigating Officer carried out the investigation and after completion of the investigation submitted the chargesheet against the Accused.