IN THE HIGH COURT OF JUDICATURE AT BOMBAY
ABHAY M. THIPSAY, J.
Sampat Narayan Hake & Ors.
Vs.
The State of Maharashtra
Criminal Appeal No. 849 of 2012
Decided on : 17th December, 2012
In absence of a complaint in writing made by public servant concerned, cognizance of offence under Section 176, IPC cannot be taken in view of specific bar created by Section 195(1) of Cr PC.
Evidence Act, 1872 - Sections 3, 59 and 60 - Appreciation of evidence.
Court, while evaluating evidence in case of offences under Sections 498-A and 306, IPC, needs to distinguish mere inferences drawn by witness and facts stated by witness.
[Indian] Penal Code, 1860 - Sections 306 and 498-A - Cr PC, 1973, Section 154 - Conviction under.
Where parents and other relatives of deceased were present at time of performing last rites at matrimonial home and not objected appellant accused performing last rites and father of deceased lodged FIR 3 days thereafter without explaining delay therefore since evidence of father of deceased not inspiring confidence, accused acquitted.
The appellants were prosecuted on the allegation of having committed offences punishable under section 498A IPC, 306 IPC, 304 IPC, 201 IPC and section 176 of the IPC read with section 34 of the IPC. The learned Sessions Judge, Baramati who tried them, held the appellant no. 1 guilty of all the aforesaid offences and sentenced him as follows:-
For Offence punishable u/s. 306 IPC RI for five years and fine of Rs.l,000/- in default to suffer RI for three months. For Offence punishable u/s. 498A IPC RI for three years and fine of Rs. 500/- in default to suffer RI for three months. For Offence punishable u/s. 201 IPC RI for one year and fine of Rs. 500/- in default to suffer RI for three months.
2. The learned Sessions Judge acquitted the appellant no. 1 of the offence punishable under section 304B of the IPC.
3. The learned Addl. Sessions Judge also held the other appellants guilty of offences punishable under section 201 IPC read with section 34 of the IPC, section 176 of the IPC read with section 34 of the IPC, and sentenced them to suffer Imprisonment till rising of the Court, and to pay a fine of Rs.250/- each, on each of the said counts, with default sentences of Imprisonment for one month. The learned Addl. Sessions Judge acquitted the appellant nos.2, 3, 4 and 5 of all the other offences i.e. 304B IPC, 306 IPC, 498A IPC read section 34 of the IPC.
4. Being aggrieved by the judgment arid conviction recorded by the learned Addl. Sessions Judge and the sentences imposed upon them, the appellants have approached this Court by filing the present appeal.
5. I have heard Mr. Rahul Kate, the learned counsel for the appellants. I have heard Mrs. M.R. Tidke, learned APP for the State. With the assistance of the learned counsel, I have examined the evidence adduced during the trial. I have carefully gone through the impugned judgment and order.
6. The case of the prosecution, as put forth before the Trial Court, was in brief, as follows:-
7. Ankita, daughter of the First Informant Gulab Mahadeo More married the appellant no. 1 Sampat on 10 May 2009. The appellant no.2 is the father, and the appellant no.3 the mother of the appellant no.1. The appellant nos.4 and 5 are the maternal aunt and maternal uncle, respectively, of the appellant no.1. After marriage, Ankita started residing in her matrimonial house at Village Palshi. The appellant nos.4 and 5 were residing at Chikhali, More vasti. That, the appellant no.1 is a vegetable vendor by profession, and had business ties with the appellant nos.4 and 5. That the appellant no. 1 demanded an amount of Rs.2,00,000/- ( Rupees Two lakhs) for purchasing gala/shop for residence from Ankita's father i.e. the First Informant- Gulab More. As this amount was not given, the appellant no. 1 used to assault and illtreat Ankita. Ankita had come to her parents house on the occasion of Diwali and other festivals, and at that time, she had told the members of her parental family about the demand of money by the appellant no.1 and the illtreatment and harassment caused to her by him. The members of the parental family of Ankita had admonished the appellant no.1 and had sent Ankita back to reside with him in the hope that Ankita would be treated properly.
That, on 17 November 2009, a telephone call was received by Gulab More and the members of his family. It was from the appellants who asked as to whether Ankita had been to her parents house. Gulab answered in negative. On the same day, at about 4.00 to 5.00 pm, again Gulab and his family received a telephone call informing that chappals of Ankita were lying near a well. Gulab and the members of his family were asked to come to village Palshi. Gulab and others went there, and noticed the spot. The well was full of water. Many persons had gathered there. The dead body of Ankita was taken out from the well and taken to the matrimonial house. Funeral rites on the dead body were performed.
On 20 November 2009, Gulab lodged a report with the police wh
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