Decided on January 04,2017

Madhusudan Ramvilas Sharma @ Chomwal Appellant


P.N.DESHMUKH,J. - (1.) Both these appeals filed by original accused Nos.1, 2, and 3 respectively take exception to judgment dated 30.11.1998, passed in Sessions Trial No.42 of 1995 by learned IIIrd Additional Sessions Judge, Akola, by which the appellants came to be convicted for the offence punishable under Section 306 read with Section 34 of the Indian Penal Code and are sentenced to suffer rigorous imprisonment of one year and to pay a fine of Rs.10,000/each and, in default, to suffer rigorous imprisonment for two months.
(2.) In brief, it is the case of the prosecution that on 2.3.1994 deceased Shripad Yashwant Ranade was found lying on the floor in his house by one Sudhir Deshpande who informed said fact to PW3 Mahadeo Raut, neighbour of deceased, who accordingly visited the house of deceased and found the deceased lying on the floor. Accordingly, one Doctor Mattalwar was called who on examining the deceased declared him dead. PW3 Mahadeo, therefore, lodged report, Exhibit 3, with Civil Lines Police Station, Akola on the strength of which A.D. No.13 of 1994 was registered and was investigated. During the course of investigation, inquest panchanama was carried out vide Exhibit 26 and the body was forwarded to postmortem under requisition Exhibit 39. Spot panchanama was drawn vide Exhibit 25.
(3.) It is the case of the prosecution that on the day of incident of death of deceased Shripad, his wife PW6 Jyoti was not with him as she was at Badoda and she arrived at Akola along with her brother PW5 Shashikant Krishnarao Pisolkar on the following day. On her visiting the investigating officer, she was shown with some letters which were recovered by the investigating officer from the room of the deceased and were identified by PW6 Jyoti to be the letters written by her husband. Having therein involvement of the appellants, she thus lodged her report Exhibit 43 on the basis of which offence came to be registered vide Crime No.142 of 1994 under Section 306 read with Section 34 of the Indian Penal Code. According to the prosecution, during the course of investigation it was revealed that the appellants had involved financial transaction with deceased Shripad as they had provided monetary assistance to him. However, since deceased was unable to repay the said amount, he was subjected to torture, harassment, and humiliation at the hands of the appellants which was to such an extent that deceased committed suicide.;

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