HANAMANT TATYABA DHOKALE Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) By this Appeal the Appellant/Original accused No. 1 challenges the Judgment and order of conviction dated 20th August, 1996 passed by the learned IInd Additional Sessions Judge, Satara in Sessions Case No. 23 of 1993 for the offence punishable under section 302 of Indian Penal Code, wherein the sentence imprisonment for life was imposed and the Appellant was directed to pay fne of Rs. 500/- and in default further sentence of rigorous imprisonment for one month was passed. Further the Appellant/accused was convicted for the offence under Section 201 of Indian Penal Code and sentenced to suffer rigorous imprisonment for one year and to pay fne of Rs. 500/- and in default further sentence of rigorous imprisonment for one month was passed.

(2.) The prosecution case in short is that, Maruti Kadam (complainant- PW.7) the father of deceased Rukmini, gave information that the marriage of Appellant with Rukmini took place on 29th March, 1992 at village Dhokalwadi. After marriage, Rukmini came to matrimonial house for pooja. On 4th April, 1992 the informant Maruti brought Rukmini as per custom to her maternal house, where Rukmini stayed for 3 weeks. Accused No. 2 Tatyaba, father in law went to the house of informant to bring Rukmini back for cohabitation. However, since Rukmini was having menstrual cycle, she did not accompany him. In the month of May, 1992 informant Maruti brought Rukmini to the matrimonial house at Dhokalwadi. He stayed there for one night and returned home on the next day. About 15 days thereafter, Mirabai (PW. 3) visited Dhokalwadi. At that time, Rukmini informed her mother that she experiences severe pain during intercourse with her husband. On next day mother of Rukmini returned and informed the said fact to her husband.

(3.) On 30th May, 1992 at about 11.00 am, one boy came from Dhokalwadi on motor-cycle and gave massage to the informant that Rukmini is serious. On receipt of said information, parents of Rukmini with some other relatives rushed to village Dhokalwadi. On reaching at the village, they were asked to proceed towards one water well. The dead body of Rukmini was seen foating in the well. After some time, police reached on the spot and took out the dead body, inquest panchanama was recorded. Mother and other relatives noticed blood oozing from the private part of Rukmini. The informant inquired in the village and he was informed by the villagers that on 29th May, 1992 all the accused persons had visited marriage of cousin sister of Accused No. 1. After marriage, all the accused, Rukmini came back along with relatives. On inquiry from accused Nos. 2 and 3 the informant could not get proper explanation. This raised suspicion in the mind of the informant that there was some foul play in the incident. He therefore, alleged that during the night of 29th May, 1992, accused No. 1 had forcible sexual intercourse with the deceased though she was physically weak. During the intercourse, accused No. 1 gagged mouth and nose of the deceased with an intention that she should not shout. But it caused death of Rukmini. Thereafter, all the accused removed the dead body and the dead body was thrown in the well and thereafter the accused persons destroyed evidence. The dead body of Rukmini was sent to Cottage Hospital, Kaledhon for postmortem. After postmortem, the investigating offcer found that there was strong suspicion in the mind of informant hence, he recorded the statement of the father of the deceased and registered offence at C.R. No. 67 of 1992 at Vaduj police station under section 302 and 201 read with 34 of Indian Penal Code. On completion of the investigation charge sheet was fled and accused persons were charged for the offence punishable under section 302 and 201 read with 34 of Indian Penal Code.