GAUTAM GOVINDRAO SHINDE Vs. THE STATE OF MAHARASHTRA

JUDGEMENT

(1.) Both these appeals are against the judgment in Sessions Case No. 63/2001 delivered by the Addl. Sessions Judge, Beed, on 02. 02. 2002 whereby the accused was convicted only u/S. 498-A, IPC and was sentenced to suffer RI for one year and six months and to pay fine of Rs. 1500/-, in default, RI for six months and was acquitted u/S. 302 of IPC. The aggrieved accused has preferred Cri. Appeal No. 73/2002 against conviction while the aggrieved State has filed Cri. Appeal No. 312/2002 against acquittal.

(2.) The facts relevant for deciding these appeals may be stated as under :

(3.) On the basis of the said FIR, crime was registered at C. R. No. 72/01 u/Ss. 302, 201, 498-A, IPC and it was investigated into by PW10 SDPO Pathak. On the same day, spot panchanama was drawn which revealed that, the room where the dead body was seen was latched from inside both to the front door and to the back door. The said room is referred as "tkGhphe" (room with a mesh). The front was having a wall of 3 ft. height and the upper part was made of a wooden strips fitted in cross direction. The entry was made from the back door by bending the latch. The panchanama shows that, there were big gap to the front door wooden strips from which one could insert hand for latching the door from inside. The room was having height of 8 ft. 8 inches where the swing was tied. The dead body was in sitting position hardly few inches above the ground. After drawing inquest panchanama and spot panchanama, the body was sent for post-mortem. PW6 Dr. Syed conducted the post-mortem and he gave opinion that there was a complete ligature mark around the neck and there were other symptoms indicating that deceased Anita met with death due to asphyxia due to strangulation. During investigation, the statements of some witnesses were recorded. PW8 Vilas had taken 24 photographs of the spot particularly of the dead body. The chit Exh. 28 was seized. The investigation revealed that the accused had earlier made attempts to strangulate his wife and his neighbours PW2 Babasaheb and PW3 Shaila had rescued Anita twice. After completion of investigation, the charge sheet was submitted in the court.