VINOD BABANRAO NAIKNAIK Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) By the present appeal, appellants/original accused Nos.1and 2 (hereinafter referred to as accused Nos.1 and 2 for the sake of brevity) are challenging their conviction imposed on them on 11.10.2005 by learned 5th Ad hoc Additional Sessions Judge, Akola in Sessions Trial No.35/2005 whereby learned Judge of the Court below convicted accused Nos.1 and 2 for offences under Sections 498-A and 306 read with Section 34 of the Indian Penal Code and directed to suffer rigorous imprisonment for 2 years and 7 years respectively apart from payment of fine of Rs.500/- and Rs.1000/- on each count.

(2.) Police Sub Inspector Keshao Pandurang Dobade (PW6) was attached to Civil Lines Police Station, Akola. On 20.5.2004, one Yogesh Jagganathrao Kuchar came to the police station in morning and informed that backside of his house one Vinod Naik, accused No.1 is residing and on 20.5.2004 at about 8:00 hours in the morning, when he was taking walk, he noticed crowd in front of Vinod's house. There, one Devendra narrated him that Chitra's dead body was found hanging with lemon tree at the house of Vinod. On the basis of the said, Keshao Dobade registered a merg khabari vide Merg No.48/2004. The report as well as the merg khabari are available on record at Exhibits 29 and 30. Thereafter, he went to the spot. He called two panchas for preparing spot and inquest panchnamas. Those were conducted by him. Spot panchnama is at Exhibit 20. Whereas, inquest panchnama is at Exhibit 21. He then forwarded the dead body for its postmortem.

(3.) On the same day, at night hours, deceased's father Sadashiv Uttam Rumale (PW1) lodged a report in the police station regarding the incident. The said was written report and is at Exhibit 15. On the basis of the said written report, an offence was registered vide Crime No.388/2004 under Sections 498-A and 306 read with Section 34 of the Indian Penal Code. Printed First Information Report is at Exhibit 16. The offence was registered against 3 accused persons.