Conviction based on circumstantial evidence is sustainable when the chain of events proves guilt exclusively and the accused fails to provide a plausible explanation for an unnatural death occurring within their private, exclusive control.

JUDGMENT :

PRASANNA B. VARALE, J.

1. The present appeal arises from the impugned judgement dated 15.03.2021 passed by the High Court of judicature at Bombay, in Criminal Appeal No. 1557 of 2018 whereby the High Court dismissed the appeal preferred by the appellant and upheld the judgement of Additional Sessions Judge, Nashik wherein the appellant was convicted for the offences under sections 302,201 r/w 34 of the Indian penal code,1860(For short, IPC), and sentenced to undergone life imprisonment and to pay fine of Rs.1,000/- in default to suffer two months simple imprisonment.

2. For convenience it is to be noted that the present appeal is filed by the accused no. 1, who is the appellant here.

FACTUAL MATRIX

3. Rupali daughter of Babasaheb Kumbharkar (P.W.1) got married to the present appellant on 24th April, 2012. That, she was living in her matrimonial home along with her husband, her in-laws and the appellant no.2 accused no.3 (younger brother of accused no.1). In November 2012, she had conceived pregnancy. Unfortunately, on 28th June 2013, there was intrauterine death of the foetus due to lack of blood supply as has been disclosed by P.W.3 Dr. Sunil Jadhav. In March 2015, she had given birth to a baby boy in a private hospital at Pimpalgaon, Baswant.

4. On 23rd August 2015, father of the deceased Rupali i.e. P.W.1 had called upon her father-in-law Dashrath and intimated to him that he would come to Shindvad to fetch Rupali to her maternal house on the occasion of Raksha Bandhan. However, at about 1.30 pm, accused no.3/appellant no.2 Akshay informed P.W.1 that his sister-in-law i.e. Rupali is no more. At about 2.50 pm, the father of the appellant Dashrath Gade approached Vani Police Station and informed that he had been to Khambala to participate in the 10th day rituals of his relatives. At about 11.00 am, his elder son Chetan had informed him that his wife Rupali had attempted suicide by hanging in their residential house but he suspected that she had not died and therefore, he is taking her to the Doctor. Dashrath Gade had then reached Vani Hospital and he was informed that Rupali had died. On the basis of his report, A.D. No.38/2015 is registered at Vani Police Station. The said report is marked at Exh.152.

5. One of the relatives of P.W.1 Mr. Pawar who is resident of the same village informed P.W.1 that Rupali had committed suicide. The parents and relatives of Rupali had gone to the residence of Rupali and upon inquiry, they had learnt that she was taken to Primary Health Centre at Vani Government Hospital. They had been to the Hospital and they had seen that there was a fresh injury mark on the right side of her cheek and there was a ligature mark on her neck. Due to disclosure made by Rupali to her mother on the earlier occasions that she was being harassed and ill-treated for failure to fetch one Tola Gold from her parents. P.W.1 approached Vani Police Station and lodged a report on the basis of which Crime No.99 of 2015 was registered at Vani Police Station at about 22.30. At the trial, prosecution examined as many as 12 witnesses to bring home the guilt of the accused.

6. According to P.W.1, the accused was demanding Rs. 1 Lakh for purchase of a pick-up vehicle and that Rupali was being harassed on that count. According to P.W.1, in the second week of January, he had handed over Rs.1 Lakh to the father-in-law of Rupali. From the