RAVINDRA SUBHANA Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) The appellant was tried in the Court of Sessions for Greater Bombay in Sessions Case No.258 of 2003 for the offences punishable under sections 498A and 306 of the Indian Penal Code (for short, "the IPC"). Towards the end of the trial, due to the evidence that came on record, learned Judge felt that an additional and alternative charge needs to be framed for offence punishable under section 302 of the IPC and, accordingly, it was framed. By judgment and order dated 22/12/2004, learned Additional Sessions Judge convicted the appellant for the offences punishable under sections 498A and 302 of the IPC. Learned Additional Sessions Judge sentenced him to suffer Rigorous Imprisonment for three years for the offence punishable under section 498A of the IPC and to pay fine of Rs.500/-, in default, to suffer Rigorous Imprisonment for three months. The appellant was also sentenced to undergo Rigorous Imprisonment for life for the offence punishable under section 302 of the IPC and to pay a fine of Rs.1,000/-, in default, to suffer further Rigorous Imprisonment for six months. The substantive sentences were ordered to run concurrently. It is the said judgment and order, which is challenged in this appeal. For the sake of convenience, we shall refer to the appellant as "the accused" in this judgment.

(2.) It would be advantageous to begin with the facts of the case. The accused got married to Saidabai @ Savita @ Kavita (for convenience, "the deceased) in the year 1993. They started residing in Ramabai Colony at Ghatkopar, Mumbai. They had three daughters and one son. The accused was a mason by profession. He was addicted to liquor. He used to neglect his children. He used to constantly quarrel with the deceased and he used to ill-treat her. He had developed illicit relationship with one Mangal Shinde, who was his neighbour.

(3.) On 21/1/2003, the deceased was found hanging by her sari from the ceiling fan of their house. A complaint came to be lodged by the brother of the deceased by name Manik Ingle on 22/1/2003 at about 00.05 hours. It was treated as FIR and investigation was started. After completion of the investigation, the accused was charged as aforesaid.