JUDGMENT

URMILA JOSHI-PHALKE, J. - Heard finally with the consent of learned Counsel for the parties.

2. By way of this appeal, the appellant had challenged the judgment and order of sentence passed by the Additional Sessions Judge, Amravati in Sessions Trial No.226/2012 dtd. 25/09/2019 by which present appellant-accused No.1 is sentenced to suffer rigorous imprisonment for life and to pay fine of Rs.5000.00 in default of payment of fine accused to suffer rigorous imprisonment for one year.

3. Facts of the prosecution case in brief are as under :

A] On 15/07/2012, the brother of the deceased namely Sudhir Pandurangji Bele had lodged the report contending that the deceased Surekha is his sister. Her marriage was solemnized with the accused/appellant and from the said wedlock she begotten two sons. It is further alleged that the present appellant/accused along with acquitted accused, his parents demanded Rs.50, 000.00 from the parents of the deceased and on that count she was ill-treated and harassed by assaulting her. Prior to 5 - 6 months of incident, appellant/accused has beaten deceased Surekha due to which she was hospitalized in the Dr. Punjabrao Deshmukh Medical College and Hospital, Amravati.

4. On 13/07/2017 at about 6.00 p.m. he received a telephonic call from deceased Surekha and she disclosed that present appellant/accused and his parents demanding from her, her ornaments for selling it. But she refused to deliver the same and on that count all the three accused assaulted her and she was being harassed by accused persons on that count from last 2-3 days. She had also raised the apprehension of insecurity in the house. On getting such information from the deceased he consoled her by assuring her that they all are coming at Morshi to attend marriage on 15/07/2012, at that time they would convince her husband and in-laws.

5. However, on 14/07/2012 at about 5.00 p.m. he received a telephonic call from father of the appellant/accused on his mobile phone and informed that deceased Surekha had committed suicide by hanging herself in the bedroom of their house. She was admitted to the hospital but she succumbed to the death. On receipt of such information he along with his parents, wife and other relatives reached at Morshi Sub-District Hospital. He saw dead body which was kept in a mortuary. None of the accused were present in the hospital. On receiving such information, he approached to the police and lodged the report. On the basis of said report, police have registered the offence vide Crime No.137/2012 at Morshi police station under Sec. 498-A, 306, 304B read with Sec. 34 of the Indian Penal Code (hereinafter referred to as 'the IPC' for short).

6. Initially, the report was registered as an accidental death. During the inquiry under Sec. 174 of the Code of Criminal Procedure, the Investigating Officer has visited alleged spot of incident and drawn the spot panchnama, inquest panchnama. The dead body of the deceased was forwarded to post-mortem examination. The cloths of the deceased are seized. The investigating Officer has also seized one dupatta and one black colour mobile phone at the time of spot panchnama. After registration of the crime, the accused along with his parents was arrested by drawing arrest panchnama. The incriminating articles are forwarded to chemical analysis. After completion of investigation, the investigating officer has filed charge-sheet against the accused.

7. After filing of the charge-sheet learned Magistrate has committed the case to the Court of Sessions for trial. The Sessions Court has framed the charge against the accused vide Exhibit 15. The contents of the charge are read over and explained to the accused. They pleaded not guilty and claimed to be tried. To substantiate the charge, prosecution examined in all five witnesses as follows :

(i) PW-1 - Sudhir Pandurangji Bele (Exhibit 43) - Informant

(ii) PW-2 - Pushpa Gajananrao Wankhade (Exhibit 59)

(iii) PW-3 - Dr. Manisha Swarupsingh Chavan