TRIMUKH MAROTI KIRKAN Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Trimukh Maroti Kirkan has filed this appeal against the judgment and order dated 27.7.2005 of Aurangabad Bench of Bombay High Court by which the appeal filed by State of Maharashtra was allowed and the order dated 21.4.1997 passed by the learned Additional Sessions Judge, Nanded was set aside and the appellant was convicted under Section 302 IPC and was sentenced to imprisonment for life and a fine of Rs.2,000/- and in default to undergo six months RI. By the same judgment and order, the appeal filed by the appellant challenging his conviction under Section 498-A IPC and the sentence of two years RI and a fine of Rs.1,000/- and in default to undergo RI for three months was dismissed.

(2.) The case of the prosecution, in brief, is that the deceased Revata @ Tai daughter of Dattarao resident of village Umatwadi was married to the appellant Trimukh Maroti Kirkan (for short Trimukh) nearly seven years before the incident which took place on 4.11.1996 in village Kikki. Maroti Kamaji Kirkan (for short Maroti) is the father and Nilawatibai Maroti Kirkan (for short Nilawati) is the mother of the appellant Trimukh and they are residents of village Kikki. The appellant who is the husband and Maroti and Nilawati used to ill-treat the deceased Revata and used to harass her on account of non-payment of Rs.25,000/- by her parents for the purpose of purchasing a tempo for the appellant. Whenever, the deceased Revata came to her parental home, she used to disclose to her family members the ill-treatment and harassment meted out to her. She came to her parental home at the time of Panchami festival in the year 1996 and stayed there for about 15 days. During this period also she disclosed that on account of non-fulfilment of demand of Rs.25,000/- by her father, the appellant and her in-laws (Maroti and Nilawati) used to harass her. She was often beaten and was not provided food. After the Panchami festival, the father of Revata took her to the appellants house in village Kikki and requested the appellant and her in-laws not to ill-treat her. He, however, told them that he is not in a position to fulfil their demand of Rs.25,000/- on account of his weak financial condition. A few months thereafter, Dattarao received information from a person of village Kikki that Revata had died due to snake bite. Information was also given by the Police Patil of the village to P.S. Nanded (Rural) that Revata had died due to snake bite and on the basis of this information, a case as A.D. No.42 of 1996 was registered in accordance with Section 174 Cr.P.C. at the police station. Devichand, ASI and some police personnel went to the village, held inquest over the dead body and after preparing the spot panchnama sent the same for post-mortem examination. The appellant Trimukh himself showed the place of incident where the victim had been allegedly bitten by snake and had died. The post-mortem examination conducted on the body of Revata disclosed that she had died due to asphyxia as a result of compression of neck. Dattarao, father of the deceased then lodged an FIR of the incident at 4.30 p.m. on 5.11.1990 at the police station and a case was then registered under Section 302 IPC. During the course of investigation, the police recorded statements of some witnesses. The appellant was arrested and while in custody he made a disclosure statement on the basis of which some recoveries were made. After completion of investigation, charge-sheet was submitted against three persons, viz., the appellant Trimukh and his parents, viz., Maroti and Nilawati.

(3.) The learned Sessions Judge, Nanded framed charges under Section 498-A IPC against all the three accused and also under Section 302 IPC against appellant Trimukh. The accused pleaded not guilty and claimed to be tried. In order to establish its case the prosecution examined 14 witnesses and filed some documentary evidence. The accused in their statement denied the prosecution case and stated that Revata had died on account of snake bite. The learned Sessions Judge convicted all the three accused under Section 498-A read with Section 34 IPC and sentenced them to two years RI and a fine of Rs.1,000/- and in default to undergo RI for three months. The appellant was, however, acquitted of the charge under Section 302 IPC. All the three accused preferred Criminal Appeal No.158 of 1997 before the High Court challenging their conviction and sentence under Section 498-A IPC read with Section 34 IPC while the State of Maharashtra preferred Criminal Appeal No.220 of 1997 challenging the acquittal of Trimukh under Section 302 IPC. The High Court allowed the appeal preferred by Maroti and Nilawati accused and their conviction under Section 498-A IPC was set aside and the appeal preferred by the appellant was dismissed. The appeal preferred by the State of Maharashtra was allowed and the appellant was convicted under Section 302 IPC and was sentenced to imprisonment for life and a fine of Rs.2,000/- and in default to further undergo six months RI. Both the sentences were ordered to run concurrently.