S. S. Shinde, J. - (1.) This Appeal is directed against the Judgment and order dated 1st October, 2011, passed by the Additional Sessions Judge, Pune in Sessions Case No.238 of 2007, thereby convicting the Appellants/accused - Sou. Ranjana @ Changuna Prakash Sonawane, Prakash Sakharam Sonawane and Sachin Prakash Sonawane for the offence punishable under Section 302 read with Section 34 of the Indian Penal Code [for short 'I.P. Code'] and sentencing each of them to suffer life imprisonment and to pay fine of Rs.5,000/- each. The trial Court also convicted the Appellants/accused - Sou. Ranjana @ Changuna Prakash Sonawane, Prakash Sakharam Sonawane and Sachin Prakash Sonawane for the offence punishable under Section 201 read with Section 34 of the I.P. Code and sentenced them to suffer rigorous imprisonment for five years each and to pay fine of Rs.1000/- each, in default of payment of fine to suffer rigorous imprisonment for 15 days each. All the sentences were directed to be run concurrently. Hence this Appeal is filed by all the three Appellants challenging the conviction and sentence.
(2.) The prosecution case, in brief, is as under: A) Sheetal Sachin Sonawane [for short "the deceased"] got married with accused No.3, namely, Sachin Prakash Sonawane in the Year 2004. Nagesh Balaji Dhale (for short "the informant") is her brother. After the marriage, Sheetal started residing with the accused at Vadgaon-Maval. Initially, the accused treated her well. Meanwhile, Sheetal became pregnant. The informant fetched her to his house where she delivered a daughter. 10-15 days after the delivery, accused No.3, namely, Sachin took Sheetal to VadgaonMaval. B) When the informant had been to the house of the accused to meet the deceased, she informed him that accused No.1 was taunting, harassing and torturing her on account of petty quarrels. The accused used to subject her to physical cruelty also. While at the house of the informant at Bhivandi, Sheetal told him that the accused had told her not to return to her matrimonial home. She also expressed the fear that in case she returned to the accused, they may finish her. The informant somehow convinced her and dropped at the shop of accused No.1. Eight days prior to the incident, the deceased had been to the house of the informant to visit her elder sister, namely, Priyanka who had delivered a daughter. At that time also, the deceased complained about the harassment and torture at the instance of the accused. C) The informant had been to Sahyadri Hospital on 11th February, 2007 to pay visit to ailing mother of his brother in law, namely, Dhondiba Shinde. At about 11.30 a.m., accused No.3 informed Dhondiba that Sheetal had subjected herself to immolation and she died. The informant then went to Primary Health Center, TalegaonDabhade. He saw the dead body of Sheetal. The dead body was then sent for post-mortem. D) Accordingly, the informant lodged First Information Report [for short 'FIR'] [Exhibit-37] with the Vadgaon-Maval Police Station. The offences aforesaid came to be registered vide C.R. No.19/2007. Prior to lodging the FIR, Accidental Death No.8/2007 came to be registered with Vadgaon-Maval Police Station. Head Constable Shri Tamboli conducted inquest panchnama [Exhibit-42] of the body of deceased at the house of the accused. He also conducted spot panchnama [Exhibit-41]. These papers along with seized articles were entrusted by him to Police Inspector Nikam [PW-5]. On the same day i.e. 11th February, 2007, Police Inspector Nikam arrested the accused. He also seized the clothes on the person of the accused by conducting panchnamas [Exhibits-56 to 58] in presence of two Panch witnesses. E) On 12th February, 2007, accused No.1- Sou.Ranjana gave a memorandum statement [Exhibit- 59] to discover the weapon used in the commission of offence, in presence of two panch witnesses. She then guided Police Party and panch witnesses to her residence. She discovered a wooden batten from the slab of the toilet in her house. The said wooden batten was seized by the Police Authorities. A panchnama [Exhibit-60] in respect of discovery was drawn by the Investigating Officer. The Investigating Officer thereafter recorded statements of the witnesses. On 26th February, 2007 he referred the seized material for Chemical Analysis to Regional Forensic Science Laboratory, Pune [Exhibit-61]. Thereafter on 31st October, 2006, a report [Exhibit-47] was submitted by the Chemical Analyzer. The same was included in the investigation papers. After completion of the investigation, Police Inspector Nikam filed charge-sheet in the Court of Judicial Magistrate, First Class, Vadgaon-Maval, District Pune, who committed the said case to the Court of Sessions, as the offence punishable under Section 302 of the I.P. Code is exclusively triable by the Court of Sessions. F) A charge for an offence punishable under Sections 302, 201, 498-A r/w. 34 of the I.P. Code was framed against the accused and the same was explained to them. The accused pleaded not guilty and claimed to be tried.
(3.) After recording the evidence and conducting full-fledged trial, the trial Court convicted the appellants accused, namely, Sou. Ranjana @ Changuna Prakash Sonawane, Prakash Sakharam Sonawane and Sachin Prakash Sonawane for the offence punishable under Section 302, 201 r/w. Section 34 of the I.P. Code and sentenced them to suffer the imprisonment and to pay fine, as aforestated. Hence this Appeal is preferred by the accused appellants challenging the conviction and sentence.;