Point of Law: “Dowry Death – Conviction-circumstantial evidence not only should the various links in the chain of evidence be clearly established, but the completed chain must be such as to rule out a reasonable likelihood of the innocence of the accused

JUDGMENT :

Sadhana S. Jadhav, J.

1. The present appeal seeks to challenge the impugned judgment and order dated 30th November 2018 passed by the Additional Sessions Judge, Nashik in Sessions Case No.355 of 2015 thereby convicting the appellants for the offences punishable under sections 302, 201 r/w 34 of Indian Penal Code and sentencing them to suffer life imprisonment and to pay fine of Rs.1,000/-each, in default, to suffer two months simple imprisonment.

2. The case of the prosecution is as under : . That, Rupali – daughter of Babasaheb Kumbharkar (P.W.1) got married to the present appellant no.1-accused no.1 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 fetus 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.

3. 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.

4. 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 11 witnesses to bring home the guilt of the accused.

5. According to P.W.1, the accused were 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 when he had been to fetch Rupali. From the tenor of the cross-examination, it appears that P.W.1 had verified the economic condition of the appellants prior to the marriage and only on realizing that their economic condition was sound they had got Rupali married to the appellant no.1. It is also elicited in the cross-examination that they had a wine-yard in their agricultural land. That, they were possessing Swift Car. P.W.1 has also admitted that his economic condition was equally good. The suggestion extended to P.W.1 shows that according to the accused, Rupali had committed suicide. P.W.1 has deposed in consonance with the FIR. It is testified before the Court by P.W.1 that when they saw the dead body at Vani Hospital, P.W.1 had noticed that the earrings of her left ear, anklet