RAMBHAU KISHINATH WAIBHAT Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) THIS Appeal is directed on behalf of the original accused nos. 1 and 3, the son and father respectively, against their conviction and sentence passed on 6.12. 1993 by the learned 2nd Addl. Sessions Judge, Beed in Sessions Case No.75/1988. The appellant no. 1 is the original accused no. 1; whereas the appellant no. 2 is the original accused no. 3.Original accused no. 2- Maruti is the second son of original accused no. 3; whereas the original accused no. 4 is the wife of original accused no.3.They were all tried on account of death of wife, namely, Usha of original accused no. 1 in suspicious circumstances.

(2.) IN this judgment, we may refer the original accused nos. 1 and 3 as appellant nos. 1 and 2 respectively. The appellant no. 1 married Usha on 12.6.1987. She lived with him in his village Pimparnai till 25.10.1987, except on some occasions when she had been to her parents' place on account of festivals. On 25.10.1987 she was found dead and information about her death was conveyed to her parents immediately. Within couple of hours after seeing the dead body of Usha, her father P. W. 7, Dattatraya lodged his complaint-cum-FIR at Exh. 24 with Neknoor Police Station and a crime being Cr. No.105/87 came to be registered under sections 302, 498a read with Section 34 of the INdian Penal Code, against the original accused nos. 1 to4.

(3.) THE charge was framed against the appellants and others, punishable under Section 302 read with Section 34 IPC as well as 498 A read with Section 34 IPC. However, an additional charge was framed as per Exh. 69 on 14.10.1993, under Section 304-B read with Section 34 IPC. To the charge that was framed, the accused denied the same and pleaded not guilty under Section 313 of the Criminal Procedure Code. THE appellants specifically denied having committed any of the offences alleged. Not only that but they had denied the circumstances which appeared adverse to them in the evidence of prosecution witnesses.