LAHU RAMCHANDRA BANDPATTE Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) The Appellant, together with his brother and mother, was tried for offences punishable under Section 498A and Section 302 read with Section 34 of the Indian Penal Code. The Additional Sessions Judge at Solapur, by his judgment dated 17th December 2004 convicted the Appellant for offences under Sections 302 and 498A; in respect of the former, the Appellant has been sentenced to imprisonment for life and in respect of the latter, to suffer rigorous imprisonment for three years and to pay a fine of Rs.1,000/and in default, to suffer rigorous imprisonment for six months. The other two accused have been acquitted.

(2.) The Appellant and the deceased, Sridevi, were married for 12 years. The case of the prosecution is that the deceased was being harassed and illtreated as a child had not been born from the wedlock. The Appellant and the deceased resided together in their matrimonial home at Solapur. The incident took place at 3 a.m. on 28th February 2004; the case of the prosecution being that there was an altercation during the course of which the deceased was told to leave the matrimonial home on account of her inability to bear a child.

(3.) All the three accused, including the Appellant, were committed to trial for offences punishable under Section 498A and Section 302 read with Section 34 of the Indian Penal Code. The principal witnesses who deposed on behalf of the prosecution were, S.G. Mangoli (PW 1) who was the Special Judicial Magistrate, who recorded the dying declaration of Sridevi; U.D. Gaigavli (PW 4), who was the ASI at Fauzdar Chavdi Police Station; Dr. S.A. Gunjotikar (PW 9), who was the resident doctor on duty at the Surgical Ward at the Civil Hospital; the father of the deceased (PW 6), who turned hostile; and Dr. A.S. Ghorpade (PW 10), who was a Medical Officer on duty at the Civil Hospital at Solapur. The prosecution examined ten witnesses. The defence was that Sridevi had committed suicide.