DATTATRAYA KUNDLIK GUND Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) THROUGH this appeal the appellant challenges the Judgment and Order dated 7th November, 1992 passed by the 4th Additional Sessions Judge, Solapur, in Sessions Case No. 89 of 1992, convicting and sentencing him in the manner stated hereinafter:

(2.) IN short the prosecution case runs as under:-The deceased Rajashri was the daughter of the informant Abhimanyu Prabhu Babar P. W. 2, a resident of village Pokharapur, taluka Mohol in the district of Solapur. On 22-1-1991 she was married to the appellant in village Parmeshwar, Pimpri. At the time of marriage the informant gave two pairs of clothes and Rs. 6001/- to the appellant in pursuance of an agreement between the parties. After the marriage Rajashri went to village Aundi and started living with the appellant, her father-in-law Kundalik Narayan Gund, her mother-in-law Anusaya Kundalik Gund and her brother-in-law Tanaji Kundalik Gund. On the occasion of Gudi Padava festival (which falls some times in the month of March) Rajashri came to the informants house weeping. She told him and other members of the family that the appellant and the acquitted accused were demanding two tolas of gold and a television set and in order to pressurize her to fulfill the demand used to ill treat her. The informant asked Rajashri to bear. He brought back Rajashri to the house of the appellant. Thereafter 15 to 20 days later when the informant went to the house of the appellant Rajashri complained to him that the appellant and the acquitted accused were ill-treating her since the demand of gold and a television set had not been met. She also told him that they never used to give her food and used to beat her. The informant advised the appellant and the acquitted accused to treat her properly and promised to fulfill their demand. One month later the informant went to the house of the appellant and on that occasion Rajashri told him that on account of his failure to meet the demands of the appellant and others her ill-treatment was continuing at their hands. The informant again advised them to treat her properly and reiterated his promise to fulfill their demands. On 25-7-1991 at about 10. 30 to 11 p. m. when the informant was at his house Rajashris father-in-law Kundalik came and told him that Rajashri had slept inside the house by fixing the iron chain on the door from inside. Consequently the informant along with his father-in-law Sopan Patil, Subhadrabai P. W. 7, and Mandabai P. W. 8 and some others went to the house of appellant in village Aundi. They found the door latched from inside. When they failed to open the door they broke open the same. Thereafter they found the burnt corpse of Rajashri inside the room. They also found a tin of kerosene, match box, burnt clothes and some pieces of bangles lying there.

(3.) THE evidence of the informant Abhimanyu Babar P. W. 2 shows that thereafter he went to Mohol Police Station and lodged his F. I. R. in the early morning of 26-7-1991 at 4 a. m. It was recorded by police constable Tatya Gore P. W. 6.