Decided on February 08,2018

Jagdish S/O. Bhola Yadav Appellant


ROHIT B.DEO,J. - (1.) Challenge is to the judgment and order dated 21.9.2002 rendered by the 1st Adhoc Additional Sessions Judge, Nagpur in Session Trial 632 of 2000, by and under which, the appellant - accused is convicted for offence punishable under section 498-A of the Indian Penal Code (" IPC " for short) and is sentenced to suffer rigorous imprisonment for three years and to payment of fine of Rs. 300/-. The accused is acquitted of offence punishable under section 306 of the IPC. The co-accused Sau. Kavita Tirpude is acquitted of both the offences.
(2.) Heard Shri P.R. Agrawal, the learned counsel for the appellant and Shri. N.R. Patil, the learned Additional Public Prosecutor for the respondent / State.
(3.) The gist of the prosecution case is thus: The accused and the deceased Gitabai entered into matrimonial alliance 22 years prior to the incident. The couple was blessed with two sons and one daughter from the wedlock. The acquitted co-accused Kavita was residing in the house of the accused since her childhood. She married one Pramod Tirpude and within three months of the marriage delivered a child. The case of the prosecution is that Kavita left her matrimonial home and again started residing with the accused and both were in a relationship. Instigated by Kavita, the accused used to illtreat the deceased Gitabai. The accused used to quarrel with the deceased frequently. Gitabai used to disclose the illtreatment to her brother Mahendrakumar (PW 8). The son of the accused PW 9 Vikas is a witness to the persistent and continuous illtreatment. An altercation took place between the accused and Gitabai in the afternoon on 19.7.2000. The accused berated Gitabai and assaulted her at night. On the next day, at 3.00 p.m. PW 10 - Manish who is the son of Gitabai's sister, and who was a guest in the house since few days, came home after visiting the fair. Manish asked Gitabai for a glass of water. Accused Kavita had asked Gitabai to look after her daughter. Gitabai therefore asked Kavita to give water to Manish. An altercation ensued and at the instigation of Kavita, accused assaulted Gitabai who sustained injury to head and tooth. Gitabai took out a bottle of insecticide from the Almirah and consumed the insecticide, saying that it would be better if she dies so that the day to day quarrels can be avoided. Gitabai was admitted to Savner hospital, and expired on 20.7.2000 while undergoing treatment. Inquiry under section 174 of the Code of Criminal Procedure was initiated. Autopsy on the body was conducted. Spot panchanama was prepared, completion of investigation led to submission of the charge sheet in the court of Judicial Magistrate First Class, Savner who committed the proceedings to the Sessions Court. The learned Sessions Judge framed charge (Exh. 6) under section 306 and 498-A read with section 34 of the IPC, accused abjured guilt and claimed to be tried. The defence is of total denial and false implication.;

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