STATE OF MAHARASHTRA Vs. BABASAHEB @ KRISHNAT DURGAPPA POWAR

JUDGEMENT

(1.) This is an appeal under under Section 378(1) of Code of Criminal Procedure, 1973 against the judgment and order of acquittal dated 30th June, 1997 passed by Additional Sessions Judge, Kolhapur in Session Case No. 206 of 1996.

(2.) The Respondent accused was charged for an offence punishable under section 498-A, 306 of Indian Penal Code. The prosecution case as emanates from the evidence of P.W. No.3 Hanumant Balu Gadivadar (father of deceased Kamal) is that Respondent/accused is the husband of deceased. Their marriage was solemnized in June, 1995. According to the said witness after the marriage, his daughter Kamal had joined the matrimonial home. The accused was residing with his brother Balu and his wife. After few days from the marriage P.W. No.3 went to the house of his daughter Kamal to invite her and at that time Kamal had stayed with her parents for about seven to eight days and then again returned to her matrimonial home. She was again brought for 'Panchami festival' at parental home and she stayed with her parents for five days. P.W.3 had again visited her daughter's house to invite her for Gauri festival but she was not sent to parent's house. Even on Dasehra, Kamal was not sent to her parental home. About eight days prior to Diwali festival, P.W.3 had gone to her daughter's house to invite her and at that time she had accompanied him to parental home. On inquiry about her well being, Kamal had disclosed to P.W.3 that her husband is assaulting her and she is subjected to ill-treatment. She also disclosed that her husband used to twist her hand and attempted to press throat. The accused told her that if she dies he would perform another marriage. She also disclosed that she had seen her husband (accused) sleeping with his sister-in-law (wife of Balu i.e Rekha). Accused visited the house of the complainant after about 15 days from Diwali Festival to take Kamal back to her matrimonial home, however she did not accompany him. 15 days thereafter he again came to take Kamal back to her matrimonial home. Since the mediator was not present Kamal was not sent with accused. Thereafter accused came with two persons with him to take Kamal back to his house. P.W. No.3 went to call police patil of village. However, the accused had left the house before his arrival. However, the brother of the accused was waiting at the house of the P.W.3/complainant. Police Patil made inquiry with him. Brother of accused gave assurance that they would give good treatment to Kamal. On the next day, accused and his brother came to the house of the complainant to take Kamal to house. Police Patil was called. The accused and his brother gave assurance that they would treat her well. She was sent with them. On 1st February, 1996, brother of accused, by name Maruti came to house of P.W.3 with tempo. He told PW3 that Kamal is not keeping well and she has been admitted in the hospital. She is insisting that she wants to see her parents and they should accompany him. P.W. No.3, his wife, mediators Kafanna and Bhima Gargoti and took his mother in law Hanmarra and went to the village of accused i.e Parite. Maruti took them to house of accused. Thereafter they visited CPR hospital, Kolhapur, in different vehicle and saw deadbody of Kamal. There were ligature marks on the throat of deceased. On inquiry P.W. No.3 told the police to hand over the dead body of the deceased to the accused as he was not feeling well. Thereafter dead body was carried to village Parite and funeral was completed and PW 3 had gone back to his village. On the next day, he visited Karveer Police Station, Kolhapur and lodged the complainant against the accused. FIR was registered on 3rd February, 1996. On completing investigation, chargesheet was filed.

(3.) Charge was framed on 24th February, 1997 for the offences under sections 498-A, 304B and 306 of Indian Penal Code before the trial Court. Prosecution examined nine witnesses. P.W. No.1 Nana Tukaram Chougule is the panch witness for the spot panchanama. P.W. No.2 Subhash Powar is nephew of accused. He provided information to the police about death of Kamal. P.W. No.3 Hanmant Gadivadar had lodged the complaint against the accused. He is father of deceased Kamal. P.W. No.4 Kanfanna Gadivadar is the mediator. He has not supported to the prosecution case. He was declared hostile. P.W. No.5 Subhash Jadhav is the village Police Patil. P.W. No.6 Smt. Shewanta Gadivadar is the mother of deceased Kamal. P.W. No.7 Smt. Sonabai Gadivadar is the aunt of deceased. P.W.No.8 Shivaji Yadav was PHC posted to Karvir Police Station and P.W. No.9 Madan Patil was attached to Karvir Police Station Kolhapur as Police Inspector.