SANJAY BABURAO PATHRALE Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) By this common judgment, both the appeals are being disposed of together because they arise out of the same judgment rendered by learned Sessions Judge in Sessions Case No.46/1995. By the impugned judgment, appellant Sanjay, who has preferred Criminal Appeal No.155/1997, has been convicted for offence punishable U/s 307 and 498-A of the I.P.C. and is sentenced to suffer rigorous imprisonment for five (5) years and to pay fine of Rs.2,000/- (Rupees two thousand), in default to suffer rigorous imprisonment of six (6) months and further to suffer rigorous imprisonment for one year and to pay fine of Rs.1,000/- (Rupees one thousand), in default to suffer rigorous imprisonment for three (3) months respectively, with direction that the substantive sentences shall run concurrently. Connected Criminal Appeal No.289/1997 is preferred by the State for enhancement of the sentence.

(2.) Indisputably, marriage of appellant Sanjay and Vaishali (deceased) was performed on 29.4.1992 at Nagpur. He is M.E. and was employed in the Irrigation Department as Dy.Executive Engineer. His father was then Executive Engineer. Vaishali - (deceased) was a Science graduate. Her father - Yadavendra (P.W.2) retired as Chief Accountant. He is well-off person. He and his family members reside in Surendranagar locality at Nagpur. Out of two daughters, Sadhana is elder and was married to one Shri Kumbhare and use to reside with him at Mumbai before marriage of Vaishali. The appellant Sanjay and his family members are also inhabitants of Nagpur. His father owns a house property consisting of 6/7 rooms situated in Suyognagar locality. At the time of his marriage, appellant Sanjay was attached to the office of Executive Engineer, Irrigation Department, Auragnabad. After few months, he was transferred as Dy. Ex. Engg. to Kesapuri Field Channel Living Division, Kesapuri Camp, situated in the outskirts of Majalgaon which is a Taluka place. There are residential accommodations provided to those who were required to work in the Field Channel Division No.l of the Irrigation Project. It is a separate small township like locality situated at a distance of about 3/4 Kms. from Majalgaon town in Beed District. Somewhere during August/September 1992, appellant Sanjay went to reside to the said locality of Irrigation Employees at Kesapuri Camp.

(3.) The prosecution case, as unfolded before the trial Court, is that the appellant ill-treated deceased Vaishali during the period of their consortium. Somewhere in the month of October 1992, she saw him and his maternal aunt by name Sunita in one room. She inquired with him as what he was doing inside the room. He was annoyed due to her suspicion. He abused and beat her. He took her on a scooter upto the place called Ajani Chowk, and dropped her there, while they were at Nagpur. Then Vaishali was pregnant. She wanted to go to her parents house from Ajani Chowk. She was required to go to house of her parents on her own. After 4/5 months, she delivered a female child. Her father informed the appellant and his parents about the hospitalisation of Vaishali. Nobody turned up to see her. On 8.9.1993, she delivered a female child after caesarean. Her father sent a telegram to the appellant and also informed father of the appellant about the delivery. Still, however, nobody from family members of the appellant, including himself, turned up to see the infant and Vaishali.