ANIL AND ORS. Vs. THE STATE OF MAHARASHTRA

JUDGEMENT

(1.) The challenge in this appeal is to the judgment and order dtd. 17/1/2009 passed by learned Additional Sessions Judge, Sangamner, in Sessions Case No.6 of 2006. By the impugned judgment and order, the appellants herein (original accused nos.1 to 3) have been convicted for the offences punishable under Ss. 302 and 201 read with Sec. 34 of the Indian Penal Code ("I.P.C.", for short) and sentenced to suffer life imprisonment and to pay a fine of Rs.1000.00 each, for the offence under Sec. 302 of I.P.C., whereas, for offence under Sec. 201 of the I.P.C., they have been sentenced to suffer rigorous imprisonment for three years and to pay a fine of Rs.500.00 each. In case of default in payment of fine, they have been directed to undergo simple imprisonment for one month and fifteen days on each count. They have, however, been let-off the offence under Sec. 498-A r/w.34 of the I.P.C. The State did not prefer appeal against acquittal.

(2.) The facts, in brief, giving rise to the present appeal, are as follows :- Sitabai (deceased) had married appellant No.1 in May, 2003. On her marriage, she started residing along with appellant No.1 and her parentsin-law (appellant Nos.2 and 3) at her matrimonial home, at village Sawargaon-Pat, Tq.Akole, Dist. Ahmednagar. On 13/11/2005 at about 07.00 a.m., the deceased went missing from her matrimonial home. On 16/11/2005, her dead body was found floating in a well at some distance from her matrimonial home. PW 2 - Gautam, Police Patil of village, gave report (Exh.31) in that regard to Akole Police Station. Based on that report, an accidental death case (A.D.) came to be registered vide No.58 of 2005. PW 7 - Inamdar, Assistant Sub-Inspector of Police, visited the spot. Parents of the deceased were informed. They came. In their presence, dead body was fished out of the well. Inquest panchanam (Exh.27) was conducted at the spot itself with post-mortem examination as well, since the dead body was in highly decomposed state. PW 6 - Vedhe, Medical Officer, opined that Sitabai died of throttling. On 18/11/2005, PW 1 - Shantabai (mother of the deceased) lodged F.I.R. (Exh.29), alleging the appellants to have ill-treated the deceased and ultimately, eliminated her, as she did not conceive.

(3.) Based on the FIR, Crime vide (I-113 of 2005) was registered. PW 7 - Inamdar did investigation of the crime. He drew scene of offence panchnama (Exh.33) and examined the persons acquainted with the facts and circumstances of the case. On completion of the investigation, the appellants were proceeded against. Charge-sheet was filed before the Court of Judicial Magistrate, First Class, Akole. Learned Judicial Magistrate, First Class, Akole committed the case to the Court of learned Additional Sessions Judge, Sangamner, for trial in accordance with law. The Trial Court framed Charge (Exh.16). The appellants pleaded not guilty. Their defence was of false implication.