THE STATE OF MAHARASHTRA Vs. SAHEBRAO S/O. BABURAO JOGDAND
HIGH COURT OF BOMBAY (AT: AURANGABAD)
THE STATE OF MAHARASHTRA
Sahebrao S/O. Baburao Jogdand
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S.M.GAVHANE, J. -
(1.) This appeal is directed against the judgment and order dated 29.01.2002, passed by the Additional Sessions Judge, Ambajogai, in Sessions Case No.15 of 2001, thereby acquitting the respondent/accused of the offences punishable under sections 302 and 201 of the Indian Penal Code [for short the "IPC"].
(2.) The facts of the prosecution case are as under:
a] Bhaguji Kasbe [PW5] and Sojarbai [PW8], resident of Ambajogai are the parents of deceased Anita. Deceased Anita was married to the accused, resident of Gitta, Tq. Ambajogai, Dist. Beed, ten years prior to the incident. After marriage, the deceased went to the house of the accused for cohabitation. She has four children from the said wedlock.
b] It is alleged that there was illtreatment to the deceased at the hands of the accused. He was suspecting her character. On 10.10.2000, the deceased, the accused and their children were in the house in the evening.
They had taken dinner in the house. Then they went to sleep. In the morning the deceased had left house but she did not return. Therefore, in the morning the accused went to his brotherinlaw [PW3] at Ambajogai and enquired about deceased Anita. Then they both went to another sister of PW3 at Amba Sugar Factory and enquired about the deceased. They had searched the deceased at different places. Her deadbody was found in the well of one Sahebrao Shinde [PW2] at village Gitta.
c] Thereupon, police patil of said village filed Accidental Death Case report. Police visited the spot of incident i.e. the well in the field of Sahebrao Shinde. The dead body was taken out of the well. The inquest panchanama [Exh.11] and spot panchanama [Exh.15] were prepared. Statement of witnesses were recorded in the said Accidental Death case. The dead body was sent for postmortem examination in Swami Ramanand Teerth Medical College, Ambajogai. Dr.S.K.Goli and Dr.R.3Kachare conducted postmortem examination and they issued advance certificate about the cause of death and postmortem report. Then the complaint was lodged by Police Head Constable Revoo Rathod [PW10] against the accused.
Treating the said complaint as FIR, crime No.55 of 2000 was registered against the accused for the offence punishable under sections 302 and 201 of the IPC and investigation was started.
d] During investigation of the said crime, statements of some witnesses were recorded. Chappal of the deceased was discovered at the instance of the accused after recording his statement. Viscera and blood samples were sent to the Chemical Analyzer. After completion of the investigation, charge sheet was filed against the accused for the offence punishable under sections 302 and 201 of the IPC in the Court of the JMFC, Ambajogai, who then committed the case to the Court of Additional Sessions Judge, Ambajogai as the offence punishable under section 302 of the IPC is exclusively triable by the Court of Sessions.
(3.) The charge was framed against the accused for the offences punishable under sections 302 and 201 of the IPC, to which the accused pleaded not guilty and claimed to be tried. His defence is denial.;
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