DAYANAND CHANGDEO ZENDE Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Appellants are convicted by Ad-hoc Additional sessions Judge, Osmanabad, for offence punishable under section 302 read with section 34 of the Indian Penal Code (IPC for short) and are sentenced to suffer rigorous imprisonment for life and to pay fine of Rs. 10,000/- each in default to suffer rigorous imprisonment for two months. The appellants are, however, acquitted of the offence punishable under section 498a of Indian Penal Code. This order of conviction and sentence dated 13th May, 2005, is impugned in present appeal. The order of acquittal has attained finality.

(2.) At the outset we may notice facts relevant for decision of this appeal. Diksha, daughter of Navnath Bhalshankar, married Dayanand (appellant No. 1) in or about March, 2003. After the marriage, she started living with her husband, father-in-law Changdeo Sambhaji Zende (appellant No. 4) and mother-in-law nirmala (appellant No. 2) at Kallam, district Osmanabad. Her sister-in-law Jyoti (appellant No. 3) is living in the same chawl with her husband and child. In the month of April, 2004 Manisha was brought to Mumbai by her father for delivery. She delivered a male child in Nair Hospital. Appellant No. 1 visited Mumbai about one month after the delivery and quarrelled with his father-in-law as his wife was not treated at J. J. Hospital. He then demanded Rs. 50,000/- for business, gold locket of 20 grams and gold ring of 5 grams. As the demand was not satisfied, appellant No. 1 got annoyed and returned to Kallam. Nirmala (Appellant No. 2) visited Mumbai about two months thereafter. She adopted conciliatory attitude and brought Diksha (deceased) to her matrimonial house.

(3.) On 8th September, 2004 at about 5. 30 p. m. , while giving intimation of death of her daughter-in-law to Kallam Police, appellant No. 2 stated that after finishing household chores at about 12. 30 in the noon, she went to the house of her sister Sulbha. Her daughter Jyoti, who lives in the same building, had been to the hospital for inoculation of her child. On her return Jyoti heard cries of the son of the deceased and went to her parental house to discover that the deceased was hanging from the iron pipe in her room. Jyoti conveyed this information to her. On getting this information, she rushed to her house with her sister. By that time the neighbours had gathered near the house. She then took Manisha to rural hospital with the help of Sulbha. At the hospital Dr. Dikale found that Manisha had expired. On the basis of this information Accidental Death No. 39/2004 (Ex. 59) was registered under section 174 of the Code of Criminal Procedure (Cr. P. C. for short). During the course of the enquiry PSI Dhondappa Kamale (P. W. 8) held inquest (Ex. 41) on the dead body in presence of Latabai Randive (P. W. 6) and sent the dead body for post-mortem. PSI Kamale then attached rope made from gunny sack or nylon sack having length of 11 and half feet and thickness of half inch under Panchanama of the scene of occurrence (Ex. 43) in presence of Bharat Jadhav (P. W. 7) and arrested appellant No. 1. As he had scratches on his cheek, appellant No. 1 was sent for medical examination. The medical officer examined him and issued injury certificate (Ex. 44). By that time navnath, father of Manisha and her other relatives arrived at Kallam. They saw dead body of Manisha in the post-mortem room. There were two ligature marks on the neck of the deceased. Navnath, thus, filed report with Kallam Police alleging that the appellants killed his daughter as their demand for money was not satisfied. On the basis of this report (Ex. 36) offence under section 302 and 498a of the Penal Code came to be registered against the appellants and PSI kamale took over the investigation. On receipt of post-mortem report (Ex. 36) the investigating officer filed charge-sheet against the appellants.