2012 Supreme(Bom) 2378
High Court of Judicature at Bombay
V.K. TAHILRAMANI & A.R. JOSHI, JJ.
Sopan Bhausaheb Gunjal & Others
Versus
State of Maharashtra
Criminal Appeal No.615 of 2007 With Bail Application No.1577 of 2012
Decided on : 20-12-2012
For the Appellants:P.R. Arjunwadkar i/b. B.P. Abhale, Advocate.
For the Respondent: D.P. Adsule, APP.
Headnote:[Indian] Penal Code, 1860 - Sections 302, 304-B, 498-A and 34 - Conviction for murder.
Where evidence of public witnesses as to incident involving accused was corroborated by substantive evidence of parents and relatives of deceased therefore failure of accused to give any plausible explanation as to how and in that circumstances deceased died, renders conviction for murder, justified.
A.R. Joshi, J.
1. Heard rival arguments at length on earlier dates on the present Criminal Appeal preferred by the appellants/orig.accused Nos.1,3 & 4 challenging the judgment and order dated 30.4.2007 passed by the Adhoc Additional Sessions Judge-3, Nashik in Sessions Case No.156 of 2006. By the impugned judgment and order, the appellants were convicted for the offence punishable under Sections 302, 304B and 498A read with Section 34 of IPC. For the offence punishable under Section 302 of IPC, they were sentenced to suffer life imprisonment and to pay fine of Rs.1000/-each, in default to suffer RI for two months each. For the offence punishable under Section 304B IPC, they were sentenced to suffer RI for seven years each. For the offence punishable under Section 498A IPC, they were sentenced to suffer RI for three years each and to pay fine of Rs.1000/-each, in default to suffer RI for two months each. All the substantive sentences were directed to run concurrently. By the said judgment and order, original accused No.2 was acquitted of all the charges. The State has not preferred appeal against the acquittal of said original accused No.2.
2. The case of the prosecution, in nutshell, is as under:-
Victim Kalpana and accused No.1 Sopan got married with each other on 2.5.2005. Appellants/accused Nos.3 & 4 are the parents of appellant/accused No.1. Acquitted original accused No.2 is the brother of appellant/accused No.1. PW3 Pandharinath Ugale is the father of victim Kalpana. Agricultural lands of said complainant PW3 Pandharinath and of the family of accused, situate adjacent to each other at Sulewadi, Taluka – Sinnar, District – Nashik. So also family of the accused was cultivating the land of said complainant PW3 Pandharinath for years together on lease, and accordingly their relations were cordial. Due to such acquaintance, marriage of Kalpana was fixed with appellant No.1 and it was so performed in May, 2005. After marriage, deceased Kalpana started residing in the family of appellants at her matrimonial house which situates in the agricultural land of the appellants and situates adjacent to the agricultural land of her father Pandharinath (PW3).
3. Initially after marriage Kalpana was treated well. However, after one month or so the quarrels started on account of demand of Rs.2 lakhs from father of victim Kalpana. Apparently said demand was for purchase of motorcycle and tractor. On this count, Kalpana was being ill-treated and harassed by all the appellants. At times, Kalpana was beaten. Kalpana had narrated such treatment to her parents and other relatives whenever she used to meet them.
4. It is also the case of prosecution that on 5.8.2005 victim Kalpana met her mother Manda (PW4), when they were working in the agricultural field. Victim Kalpana complained to her mother regarding ill-treatment meted out to her at her matrimonial home on account of demand of dowry. On that evening, after work Kalpana and her mother Manda returned to their respective homes. On the next morning at about 7:30 a.m. appellant/accused No.4 – father-in-law of Kalpana visited the house of Pandharinath – father of Kalpana and informed that Kalpana was missing since early morning. Both of them searched for Kalpana in the near vicinity and also enquired with the relatives, but in vain.
5. According to the case of prosecution, one Murlidhar Ugale (PW2) told Pandharinath that the husband and in-laws of Kalpana had killed her and thrown her in the well situate in the agricultural field of said Pandharinath. Arrangements were made to search the body of Kalpana in the well. The dead body of Kalpana was taken out from the well and intimation was given to the police. Accidental death report was lodged. Inquest panchnama was drawn and dead body was sent for postmortem and then the dead body was given to the parents of Kalpana and last rites were performed by her parents on the dead body. On the next day of finding the dead body, complaint was lod