CHANDRADEO Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) This appeal has been directed against the Judgment and Order dated 25th August, 2010 delivered by District Judge 13 and Additional Sessions Judge, Pune in Sessions Case No. 261 of 2009 whereby the learned Additional Sessions Judge has convicted the accused for the offence punishable under Section 302 of the Indian Penal Code and is sentenced to suffer rigorous imprisonment for life imprisonment and to pay a fine of Rs.20,000/- in default to suffer rigorous imprisonment for one year. The accused was further convicted for the offence punishable under Section 498-A of the Indian Penal Code and is sentenced to suffer rigorous imprisonment for three years and to pay a fine of Rs.10,000/-, in default to suffer rigorous imprisonment for six months. Both the sentence are directed to run concurrently.

(2.) The prosecution case in nut shell can be summarized as under. On 20.10.2007, the accused Chandradeo @ Chandu brought his wife namely Chandadevi (deceased) to Sasoon Hospital, Pune on the pretext that she was suffering from loose motions and her condition was serious. The doctor from Sasoon Hospital declared Chandadevi as dead. The police constable Waghchaure who was attached to Sasoon Hospital informed about the said death of Chandadevi to Kothrud Police Station. On receipt of the said message, P.W.1, API Devidas Wanjale along with police constable Narale and two panchas visited Sasoon Hospital and conducted inquest panchanama Exh.9 in presence of two panchas. P.W.1 Devidas Wanjale noticed black marks on the neck of the dead body and both the hands of the deceased were bent from elbow. P.W.1 Devidas Wanjale sent the dead body of Chandadevi for autopsy. P.W.1 Devidas Wanjale thereafter along with accused visited the house of accused in presence of two panchas. P.W.1, API Wanjale took search of the house of the accused. He found one bed sheet lying on the floor having blood stains and vomiting residues. So also one yellow colour napkin was also stained with blood. One multi colour odhani was found at the place of incident. They are marked as Article 1 to Article 3 respectively. P.W.1 Wanjale seized the said articles under seizure panchanama Exh.10. From the Medical Officer who conducted the autopsy, P.W.1 Wanjale learnt that cause of death was due to strangulation. P.W.1 Wanjale realised that accused has committed murder of his wife. Therefore, P.W.1 Wanjale himself lodged complaint against the accused on behalf of the State on the same day at about 8.15p.m. (Exh.11).

(3.) On the basis of the said complaint offence was registered vide CR No.725 of 2007. Police Inspector Anant Rajeshirke (P.,W.6) conducted the spot panchanama and arrested the Accused on the same day i.e. 20.10.2007. He took charge of the clothes of the deceased under seizure panchanama Exh.19. P.W.6 took charge of clothes of deceased i.e. blood stained gown ( Article-4 ) and blouse ( Article-5 ) under seizure panchanama. The muddemal was deposited in muddemal section. It was then sent to Chemical Analyzer Office. During the course of investigation, C.A. report (Exh.23) was secured. Statements of relevant witnesses were recorded and after completion of investigation, charge sheet was filed by P.W.6. Charge sheet was submitted to the court of J.M.F.C. Pune and the case was committed to the Court of Sessions. The learned Additional Sessions Judge framed charge and after recording evidence and hearing both the sides convicted the accused.