SANTOSH RAMCHANDRA SAHARE Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Appellant has assailed the Judgment of conviction in Sessions Trial No.16 of 2005, by which he is convicted for the offence punishable under Section 302 of the Indian Penal Code and sentenced to suffer rigorous imprisonment for life. He is also convicted for the offence punishable under Section 498-A of the Indian Penal Code and sentenced to suffer rigorous imprisonment for one year and to pay a fine of Rs.1,000/-, in default to suffer simple imprisonment for two months. He is convicted for the offence punishable under Section 201 of the Indian Penal Code and sentenced to suffer rigorous imprisonment for two years and to pay a fine of Rs.1,500/-, in default to suffer simple imprisonment for three months.

(2.) Sister of complainant namely Sangita was married to appellant two years prior to the incident. She was residing with her husband/appellant at Kamargaon. From the beginning, appellant was assaulting her and directing her to bring Rs.10,000/- from her parents. Complainant paid Rs.3,000/-. Thereafter also, appellant continued his ill-treatment. At the time of Holi, complainant went to the house of his sister/deceased. Appellant threw hot cooked vegetable on her person. Complainant took his sister to Police Station and lodged report. She was taken by the complainant to his residence. After four months, appellant went to fetch her. Appellant gave assurance to treat her properly. Therefore, complainant sent his sister with him.

(3.) Appellant again started demanding Rs.7,000/-. Deceased informed her brother on telephone. Complainant was about to go after Diwali to the house of deceased. But, on 12.11.2004, complainant received message about death of his sister Sangita. Complainant along with relatives went to the house of appellant. They found deceased hanging in the well. Complainant lodged report. Crime No.85 of 2004 was registered against the appellant. Police reached to the spot of incident. Dead body was taken out from the well. Inquest panchanama, spot panchanama etc. were prepared by Investigating Officer. Dead body was sent for post motem. After complete investigation, charge sheet was submitted to the Court of Judicial Magistrate, First Class, Karanja. As usual, case was committed to the Court of Sessions for trial.