KANCHAN DEOKISANJEE PANPALIA Vs. THE STATE OF MAHARASHTRA

JUDGEMENT

(1.) The appellants seek to assail the judgment and order dated 17-4-2002 passed by the learned 4th Additional Sessions Judge, Akola in Sessions Trial 185/96, by and under which the appellants (hereinafter referred to as the "accused") are convicted for offence punishable under Section 307 read with Section 34 of the Indian Penal Code (" IPC " for short) and are sentenced to suffer rigorous imprisonment for seven years each and to payment of fine of Rs.100/- each. The accused faced trial for having committed offences punishable under Section 498-A read with Section 34 and Section 307 read with Section 34 of the IPC alongwith Ghanshyamdas Panpalia. The accused are acquitted of offence punishable under Section 498-A read with Section 34 of the IPC and Ghanshyamdas Panpalia is acquitted of both the offences.

(2.) Irrefragably, P.W.1 Kalpana suffered serious injuries due to a fall from the running train which was proceeding from Wardha towards Shegaon. The burning question is whether Kalpana was pushed from the running train by the accused with the intention of causing her death or with the knowledge that the act is so eminently dangerous that in all probability death or such bodily injury as is likely to cause death shall be caused, or the fall was accidental.

(3.) The prosecution case : P.W.1 Kalpana and accused Ghanshyamdas entered into matrimonial alliance on 13-6-1995. Ghanshyamdas is a medical practitioner. Accused Kanchan is the widow of the deceased brother of Ghanshyamdas and accused 2 Tara is the wife of the brother of accused Ghanshyamdas. Accused Kanchan and her children were residing with accused Ghanshyamdas and Kalpana at Shelu. Accused Tara was a resident of village Mandgaon and used to visit accused Ghanshyamdas and P.W.1 Kalpana. Accused Kanchan and Ghanshyamdas used to tease and taunt Kalpana on trivial issues and were displaying mutual affection in her presence, which ignited suspicion in Kalpana's mind. Accused Kanchan and Ghanshyamdas used to harass Kalpana by declaring that her father did not give anything to accused Ghanshyamdas. On the fateful day 24-11-1995 at 9-00 a.m. accused, their children and Kalpana boarded the passenger train from Wardha Railway Station to go to Shegaon on way to Khamgaon to attend the marriage of a relative. In the course of the journey, accused were taunting Kalpana. As the train approached Murtizapur, Kalpana went to the lavatory to answer the nature's call and came out after ten to fifteen minutes. In the meanwhile, the train crossed Katepurna Railway Station. The accused were standing at the northern side door of the compartment. The accused asked Kalpana to stand at the door of the compartment, the train crossed the railway bridge. Accused Kanchan caught Kalpana's right hand and accused Tara pushed Kalpana out of the running train. Kalpana fell down on the track, the emergency chain was pulled, the train stopped and was taken in the reverse direction to the spot of the incident. Kalpana was initially taken to the Railway Hospital, Akola and since the doctor was not available, she was taken to the General Hospital, Akola. Dr. Sandeep Arsad examined Kalpana at 4-05 p.m. on 24-11-1995 and admitted her as indoor patient. The Casualty Medical Officer informed the City Kotwali Police Station, Akola. The statement of injured Kalpana was not recorded as she was not in a position to give the statement. It was only on 30-11-1995 that the Executive Magistrate, Akola recorded the statement of the injured Kalpana on the basis of which offence punishable under Section 307 read with Section 34 of the IPC was registered at 8-15 p.m. on 30-11-1995 pursuant to report lodged by police constable Nilesh. The City Kotwali Police Station forwarded the dying declaration to Borgaon Manju Police Station which registered Crime 233/1995 under Section 307 read with Section 34 of the IPC. Borgaon Manju Police Station in turn forwarded the case papers of Crime 233/1995 to Railway Police Station, Akola which registered Crime 72/1995 under Section 307 and 498-A of the IPC. Kalpana was shifted to Navjeevan Hospital, Amravati for further treatment on 01-12-1995 and was discharged on the same day. She was again admitted on 17-12-1995 and discharged on 28-12-1995. Investigation ensued, the completion of investigation culminated in the submission of the charge-sheet in the Court of Judicial Magistrate First Class, Akola, who committed the proceedings to the Sessions Court.