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IN THE HIGH COURT OF JUDICATURE AT BOMBAY, BENCH AT AURANGABAD
T.V. Nalawade, A.M. Dhavale, JJ.
State of Maharashtra – Appellant
Versus
Ramrao Kishanrao Chavan and Others – Respondents
Criminal Appeal No. 423 of 2002
Decided On : 09-01-2018
Evidence Act – Section 113-B – Indian Penal Code, 1860 – Sections 498-A, 304-B alternative 302 read with S.34 – Judgment of acquittal – This is an appeal by the State aggrieved by the judgment of acquittal of accused Nos.1 to 5 for offences under Sections 498-A, 304-B alternative 302 read with S.34 of Indian Penal Code delivered by the learned Additional Sessions Judge, in Sessions Case – Held, Postal endorsements on the post cards ensure the communication as those cannot be manipulated and those were actually written. – The handwriting is proved by PW-12 Sambharrao. – He being father must be aware of her handwriting. – These two letters clearly disclosed that deceased Indubai was subjected to ill-treatment by all the accused for non-payment of money. – There is no specific reference of amount in one letter but there is reference that the ill-treatment and beatings was on account of non-payment of dowry. – Court, therefore, find that these letters corroborate the evidence of PW-4 Ananda and PW-12 Sambharrao on the point of ill-treatment. – Besides, there is evidence of PW-9 Bhagwan, PW-10 Uttam and PW-11 Subhash, neigh-bours who have deposed about payment of dowry of Rs. 25,000/- in their presence. – Court, therefore, hold that accused Nos.1 to 4 had subjected Indubai to cruelty and, therefore, they are guilty for the offence punishable under Section 498-A read with S.34 of Indian Penal Code – It is laid down that though the appellate Court has vast powers to re-appreciate the entire evidence, the finding recorded by the trial Judge in case of acquittal should be considered and when two views are probable, the one in favour of the accused should be preferred. – The finding of the trial Court of acquittal should not be set aside without compelling reasons. – Court find that the learned trial Judge has not considered the letters written by the deceased to her father, which are admissible in evidence in view of postal endorsements thereon and identification of the handwriting by her father. – Those letters are written by the deceased, just within a short period before her death. – If these letters would have been considered, there was no scope for acquitting the accused of offence punishable under Section 498-A/34 of Indian Penal Code. – Hence, the finding of the learned trial Judge to the extent of acquittal under Section 498-A of Indian Penal Code needs to be interfered. – In the result the appeal deserves to be allowed. – Accused Nos. 1 to 4 are held guilty for offence punishable under Section 498-A read with S.34 of the Indian Penal Code and not guilty under Section 302 read with S.34 of Indian Penal Code. – They shall be heard on the point of sentence – Appeal Allowed
JUDGMENT :
A.M. Dhavale, J.
1. This is an appeal by the State aggrieved by the judgment of acquittal of accused Nos.1 to 5 for offences under Sections 498-A, 304-B alternative 302 read with S.34 of Indian Penal Code delivered by the learned Additional Sessions Judge, Hingoli dated 30.4.2002 in Sessions Case No. 62 of 2001.
2. The facts relevant for deciding this appeal may be stated as follows:
The crime was registered at C.R. No. 73/2001 under Sections 302, 304-B, 498-A read with S.34 of Indian Penal Code on the basis of F.I.R. Exh.62 lodged by PW-4 Ananda Patange, resident of Kondhur, at Police Station Kallamnuri. As per the F.I.R. deceased Indubai was sister of PW-4 Ananda. Her marriage was solemnised with accused No. 1 Ramrao, residing at Nandapur, Taluka Kalamnuri on 13.5.1996. Accused No. 2 Rangrao and accused No. 3 Santosh are brothers of accused No. 1 and accused No. 4 Kishan and accused No. 5 Vithabai are their parents. They were residing together and were doing agricultural work. Indubai was given good treatment for first six months, but thereafter all the accused started ill-treating her and assaulting her for petty reasons. They started demanding from her dowry of Rs.1 lac for purchasing a field. When Indubai visited her maternal house, she disclosed these facts to her maternal relatives. She also wrote some letters, however, since her parents were poor, they were unable to meet the demand. In order to preserve the married life of Indubai, her maternal relatives persuaded her to resume co-habitation. PW-4 Ananda and his father had persuaded all the accused that they should not assault and ill-treat Indubai. However, ill-treatment to Indubai continued. When Indubai was pregnant for two months, she was not provided food and was assaulted and she was told that if dowry of Rs. 1 lac would be paid, then only she would be maintained. On 26.4.2001, there was marriage of PW-4 Ananda, which was attended by Indubai. That time, she told her maternal relatives that she was subjected to unbearable harassment and they should pay Rs. 1 lac to them, as she was unable to bear the ill-treatment. Still, they persuaded Indubai to resume cohabitation and sent her back to her matrimonial house. On 19.5.2001 at 3.00 p.m. one neighbourer Deorao gave a message that accused No. 1 Ramrao had called them in their field. Hence, PW-4 Ananda and his cousin Waman went to the field of the accused at 4.00 p.m. Ramrao told PW-4 Ananda that Indubai was not taking meals, as she had sulked. PW-4 Ananda noticed that there were signs of injuries on her neck and Indubai was not talking. She was unconscious. There were also injury marks on her person. All the accused were present there. They did not allow them to minutely observe body of Indubai. Then, she was put in auto-rickshaw and she was brought to Dr. Kandi at Hingoli. Dr. Kandi advised them to take her to Civil Hospital. They took Indubai to Civil Hospital, Hingoli but doctors from Hingoli advised them to take her to Civil Hospital, Nanded. When they reached near Ardhapur, they realised that Indubai must have died. When she was taken to the Civil Hospital, Nanded, she was examined and declared dead. PW-4 Ananda noticed injuries of assault on her neck, back, ribs and elbow. He accordingly lodged F.I.R. on 21.5.2000 at 4.10 p.m. PW-14 P.I. Todase conducted the investigation. He drew spot panchnama and inquest panchnama. He also got autopsy done on the dead body. PW-3 Dr. Suryakant in his post- mortem notes recorded cause of death by throttling. The statements of material witnesses were recorded. The chits purported to be written by deceased to her maternal relatives were seized and school notebook of Indubai as a specimen handwriting was also seized. Chits and the notebook were sent to handwriting expert. The handwriting expert supported the prosecution case. The accused came to be arrested. Viscera was forwarded to Chemical Analyst. On completion of investigation, the charge-sheet was submitted in the Co
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