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Criminal Appeal No. 404 of 2002

Decided On: 20.11.2017

Appellants: Manohar Vs. Respondent: The State of Maharashtra

Hon'ble Judges/Coram:
T.V. Nalawade and A.M. Dhavale


T.V. Nalawade, J.

1. The appeal is filed against judgment and order of Sessions Case No. 2/2001, which was pending in the Court of learned Additional Sessions Judge, Nilanga, District Latur. The appellant is convicted for the offence punishable under section 302 of Indian Penal Code ('IPC' for short) and he is sentenced to suffer imprisonment for life and to pay fine of Rs. 500/-. Heard learned counsel Shri. Kudale, who is appointed counsel and the learned APP.

2. In short, the facts leading to the institution of the present appeal can be stated as follows :-

Deceased Vijayabai (Sujata) was the wife of appellant/accused. The appellant is resident of Savri, Tahsil Nilanga. Kadaji is the father of deceased. He is resident of village Dapka, Tahsil Nilanga. The deceased was given in marriage to the appellant 5-6 years prior to the date of incident and she has left behind one daughter aged about 2-3 years.

3. After marriage, the deceased cohabited with the appellant in village Savri. There was some dispute and after two years of marriage, the deceased had returned to the house of her parents. The deceased used to complain about the ill treatment which she was receiving from the appellant and her mother. When she returned to the parent's house, she was pregnant and she delivered female child when she was living in the house of Kadaji. She stayed there for about two years. After her delivery, Kadaji made attempts to see that the deceased is sent back to the matrimonial house, but the accused refused to accept the deceased back in the matrimonial house. To pressurize the appellant/accused, the deceased filed maintenance proceeding against him. After that the appellant went to the house of Kadaji, he gave undertaking to behave well and then Kadaji agreed to send the deceased back to the matrimonial house.

4. Few days prior to the Nagpanchami festival, the appellant had visited the house of Kadaji and Kadaji had agreed to send the deceased after celebrating Nagpanchami festival. The deceased was sent to the matrimonial house and that was done about two months prior to the date of incident.

5. Appellant was living separate from his father since 10 years. On 1.10.2000 the villagers realized that Vijayabai was dead and her dead body was lying in the house of appellant. Gopal Suryawanshi is the person from the community of the appellant and after learning about the death in the morning, he went to the house of appellant at about 6.00 p.m. He noticed that father of appellant was sitting outside of house and he was taking care of daughter of deceased. On inquiry, father of appellant said that he had no knowledge about the whereabouts of appellant. Gopal entered the room and he noticed that the dead body of the deceased was lying there, but it was covered by using blanket. Gopal gave A.D. report to Kasarshirsi Police Station and A.D. No. 23/2000 came to be registered.

6. Assistant Police Inspector Shri. Gaikwad of Kasarshirsi Police Station started making inquiry in to A.D. He prepared inquest panchanama and he sent the dead body for post mortem ('P.M.' for short) examination. He prepared the panchanama of the spot, of the room of the appellant and he noticed that pieces of bangles were lying in the room and cap having blood stains was also lying there. One ditch having sufficient depth which was recently made was also found there and the floor of the room appeared to be wet showing that recently an attempt was made to clean it. In the meantime, Kadaji, father of deceased reached Savri and after P.M. was conducted on the dead body, he gave report against present appellant and his mother. On the basis of this report, the crime at C.R. No. 130/2000 came to be registered for offences punishable under sect........