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IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD
T.V. NALAWADE, ARUN M. DHAVALE, JJ.
The State of Maharashtra, through the Police Inspector, Karmad – Appellant
Versus
Shivaji S/o Bhujangrao Ukirde – Respondent
Criminal Appeal No. 505 of 2001
Decided On : 07-12-2017
Homicidal Death - Indian Penal Code - Sections 302, 498-A
Fact of the Case:
The deceased, Gangabai, was suspected by her husband and his first wife, leading to ill-treatment and ultimately her murder. The deceased's body was found in the accused's house with injuries and a confession note from the accused. The accused absconded after the incident.
Finding of the Court:
The court found the accused guilty of murder under Section 302 of the IPC and sentenced him to life imprisonment. The court also convicted the accused under Section 498-A of the IPC and sentenced him to one year of rigorous imprisonment.
Issues: The main issue was the guilt of the accused in the murder of the deceased and the ill-treatment leading to her death.
Ratio Decidendi: The court relied on circumstantial evidence, including the confession note, the presence of blood stains on the accused's clothes, and the accused's absconding, to establish the guilt of the accused. The court also considered the motive of suspicion and ill-treatment as disclosed by the deceased.
Final Decision: The accused was convicted of murder and sentenced to life imprisonment, along with a concurrent sentence for ill-treatment under Section 498-A of the IPC.
T.V. NALAWADE, J.
1. The appeal is filed against judgment and order of Sessions Case No. 42/2001, which was pending in the Court of Adhoc Additional Sessions Judge, Aurangabad. The Trial Court has acquitted the present respondent, husband of deceased Gangabai and also the first wife of present respondent of the offences punishable under Sections 302, 498-A r/w. 34 of Indian Penal Code (hereinafter referred to as IPC for short). The State has challenged the decision of acquittal given in favour of the respondent only. Both the sides are heard.
2. In short, the facts leading to the institution of the present proceeding can be stated as follows:-
Deceased Gangabai was a daughter of Vithalrao, who was resident of village Dhudad, Tahsil and District Aurangabad. The deceased was given in marriage to respondent Shivaji about 10 years prior to the date of incident. Gangabai has left behind one daughter, aged about 9 years and one son aged about 5 years, born out of her marriage with the present respondent. The respondent had married with Gangabai as he had no issue from first wife (original accused No. 2). The respondent is resident of village Karmad, Tahsil and District Aurangabad.
3. Both the accused persons had suspicion about the character of the deceased. The suspicion increased after the birth of issues to the deceased and they started giving ill-treatment to the deceased. The respondent used to give beating also to the deceased. The relatives of the deceased from parent's side had tried to convince the respondent and his first wife to behave well, but their conduct did not improve and they continued to give ill-treatment due to their suspicion.
4. Fifteen days prior to the date of incident, respondent gave severe beating to the deceased. The father of respondent felt that there was danger to the life of Gangabai and so, he reached Gangabai to the house of her parents. After 7-8 days, the husband, respondent visited the house of parents of the deceased and he took the deceased back to the matrimonial house. After that for one day the deceased had visited the house of her parent's and she had returned to the matrimonial house. The incident took place on 27.3.2000 when the deceased was cohabiting with respondent.
5. On 27.3.2000 at about 6 p.m. to 7 p.m. Haribhau, brother of respondent informed to Sarpanch of Karmad Shri. Bhaurao Mule that dead body of Gangabai was lying in the house situated by the side of tank. Sarpanch passed this information to Police Patil, police and to the parents of deceased on 27.3.2000 itself. The relatives of deceased including the first informant, brother of the deceased rushed to Karmad. The relatives of deceased, police and panchas went to the house which is situated in the land of the respondent which is used only for keeping agricultural implements etc. on the night between 27.3.2000 and 28.3.2000. PSI Ghodke also went to this house. They noticed that the house was closed from outside by putting chain and locked from outside, but the key to the lock was with the lock. They opened the door by using the key and then they entered the house which consist of one room.
6. Police, Panchas and also the relatives of deceased on parent's side noticed that the dead body of Gangabai was lying in this house and there were bleeding injuries on the head. Pieces of broken bangles of deceased were lying in scattered condition there. The article, hoe and other articles, implements were lying there. There was blood on the handle of hoe. One chit having hand writing of accused, informing that he also wanted to finish himself by committing suicide was found on the spot. All these articles were taken over when spot panchanama was drawn. Inquest panchanama was prepared in this house and the dead body was referred for P.M. examination. Doctor gave opinion that the death took place due to both head injuries and strangulation.
7. Police searched for accused, respondent on 28.3.2000, but the accused was not available at hi
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