RAJU RAMAJI MORE Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) The appellant original accused No.1 has preferred this Appeal against the judgment and order dated 19/03/2014 passed by the learned Additional Sessions Judge, Mangaon, District Raigad in Sessions Case No. 25 of 2012. By the said judgment and order, the Sessions Judge convicted the appellant for the offences punishable under Sections 302 and 201 of the IPC. For the offence under Section 302, the appellant was sentenced for life imprisonment and fine of Rs. 5,000/ IDRI for 2 years. For the offence under Section 201 of IPC, the appellant was sentenced for RI for 3 years and fine of Rs.1,000 IDRI for one month.

(2.) The marriage of the appellant with Vandana took place on 07/05/2007. After the marriage, Vandana came to reside in her matrimonial house at Kathetali in Poladpur Taluka. Vandana was the daughter of P.W.3 - Dnyanoba Ganpat Kadam. Dnyanoba was residing with his family at Kambesharwadi which was about 8 k.m. away from Kathetali. About one year after the marriage, the appellant started abusing and assaulting Vandana. Vandana disclosed about the illtreatment to her father. Dnyanoba then along with relatives went to the house of the appellant. The appellant apologized and assured that he will behave properly. However, in 2009 again the appellant started illtreating Vandana. A meeting was held during which the appellant again assured that he will behave properly. On 13/05/2012, the appellant assaulted Vandana, hence, Vandana lodged complaint against her husband i.e. appellant with the police. The police called Dnyanoba. In the police station, the appellant gave assurance of good behavior. The police sent Vandana to the hospital at Poladpur as she was beaten up. Medical treatment was given to Vandana. Again the matter was settled and Vandana started residing with the appellant i.e. her husband. It is the prosecution's case that in the night between 17/05/2012 and 18/05/2012, the appellant strangulated Vandana and caused her death and thereafter to cause disappearance of evidence, he hung the body of Vandana from the beam in his house with the help of nylon rope. In the morning of 18/05/2012, Dnyanoba was informed that his daughter has hanged herself. Dnyanoba stated that his daughter would not hang herself. Dnyanoba thereafter went to the house of appellant. At that time, he saw that dead body of his daughter was hanging and her feet were touching the ground. One ladder was found by the side of the wall. Dnyanoba again stated his daughter would not commit suicide. Thereupon the appellant was called and the appellant stated that as his wife Vandana was consuming Gutkha Goa and she used to beg food from the neighbours, he committed her murder by throttling with the rope and thereafter hung her body from the beam. Dnyanoba lodged FIR. Thereafter, investigation commenced. After completing of investigation, the chargesheet came to be filed.

(3.) Charge came to be framed under Sections 302, 201 & 498A read with 34 of IPC against the appellant original accused No.1 and his mother who was the original accused No.2. They pleaded not guilty to the said charge and the defence of the appellant was that of total denial and false implication. After going through the evidence adduced in this case, learned Sessions Judge acquitted original accused No.2 of all charges, however, convicted and sentenced the original accused No.1 appellant as stated in paragraph 1 above. Hence, this Appeal.