VIDYA VINOD DHAKATE Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) The appellants have challenged their conviction for the offences punishable under sections 302, 342 read with 34 of Indian Penal code and sentence of life imprisonment and fine of Rs. 500/- under the former section and R. I. for 3 months and fine of Rs. 100/- under latter section, imposed by 2nd Additional Sessions Judge, Chandrapur in Sessions Case No. 106 of 2001 decided on 17-12-2002 by preferring these two appeals. Hence they are decided by common judgment.

(2.) Here is one more instance of unfortunate death as a result of superstitious belief of the community in a progressive State like Maharashtra. The grave aspect of the matter is that the victim as well as his wife A/1 Vidya were serving as teachers in Schools in Chandrapur district.

(3.) On 11-5-2001 PW3 Sadashio @ Sadanand Kashinath Ghonmode, the organizer of Mohadi Branch of Andhashraddha Nirmulan Samiti (hereinafter referred to as "ans" for short) came to navargaon and saw the plight of Vinod. He tried to help Vinod but did not receive co-operation from anybody. Hence on the same day he lodged written report (Exh. 52) at Navargaon Out Post of sindewahi Police Station. However, no action was taken on the report. On the same day Vinod Dhakate died at about 3 p. m. A/1 Vidya informed about the death of her husband to Navargaon Out Post of Sindewahi Police Station vide exh. 82. On the basis of the said report, entry in the occurrence book was taken at occurrence No. 101/2001 under section 174 of Criminal Procedure Code. After registration of AD No. 12/2001 at P. S. Sindewahi, PW 14 H. C. Shivaji meshram went to the house of A/3 Girdhar Meshram on the next day morning. H. C. Shivaji Meshram drew spot panchanama (Exh. 84 ). The dead body of Vinod was kept at the house of A/1 Vidya. H. C. Shivaji Meshram drew inquest panchanama (Exh. 63) and forwarded the dead body for post-mortem examination.