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IN THE HIGH COURT OF JUDICATURE OF BOMBAY BENCH AT AURANGABAD CRIMINAL APPEAL NO. 174 OF 2015 Ramesh S/o. Chagan Vithore, Age. 35 years, Occ. Labour, R/o. Old Lakhmapur, Tq. Gangapur, Dist. Aurangabad. ….Appellant (Orig. Accused)

Versus The State of Maharashtra Through Police Station, Gangapur, Tq. Gangapur, Dist. Aurangabad. ….Respondent Advocate for Appellant : Mr. B.N. Patil APP for State : Mr. A.M. Phule CORAM : SMT. VIBHA KANKANWADI &

RAJESH S. PATIL, JJ.

DATE : 28th JULY, 2022.

ORAL JUDGMENT [PER : SMT. VIBHA KANKANWADI, J.] :-

1. Present appeal has been filed by the original accused challenging his conviction in Sessions Case No. 55/2013 for the offences punishable under Section 302, 498-A of the Indian Penal Code, by learned Additional Sessions Judge, Vaijapur, District Aurangabad, on 02.12.2014.

He has been sentenced thus :

“1) Accused Ramesh S/o. Chhagan Vithore is hereby found guilty and convicted for committing offence of murder punishable under section 302 of Indian Penal Code and sentenced to suffer rigorous imprisonment for life and to pay a fine of Rs. 10,000/- (Rupees Ten Thousand only). In default to undergo further imprisonment for five months.

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2) Accused is also found guilty and convicted for committing offence punishable under section 498-A of Indian Penal Code and sentenced to suffer rigorous imprisonment for three years and to pay a fine of Rs. 2,000/- (Rupees Two Thousand only). In default to undergo further imprisonment for two months.”

2. The prosecution story is that the deceased Kalpana got married to the appellant about nine to ten years prior to the date of the First Information Report i.e. 20.04.2013. She had a daughter and two sons from the accused. All of them used to reside near the bank of river Godavari in Village Galpera. Deceased Kalpana had lodged First Information Report against the husband, mother-in-law and cousin mother-in-law for the offence punishable under Section 498-A of Indian Penal Code with Police Station Shirur, District Beed, prior to incident. They all were arrested in connection with that offence but thereafter, there was a settlement between Kalpana and accused. As a result of which two months prior to the date of the present First Information Report i.e. 20.04.2013, Kalpana started residing with her husband and children at Village Old Lakhmapur Shivar, Taluka Gangapur, District Aurangabad. The prosecution story, further, is that eight days prior to 20.04.2013, Kalpana’s parents had visited her house, at that time it was disclosed by Kalpana to them that the accused is harassing her by demanding amount of Rs. 50,000/- on account that he wants to fight out the litigation which she had imposed on them. Kalpana’s parents had again given advice to the accused to co-habit with Kalpana properly and they had returned to their village. However, on 28.04.2013, informant Narhari Shivlal Bale i.e. the brother of deceased Kalpana received phone call on his mobile at about 07:00 a.m. from his brother-in-law, disclosing that Kalpana has been killed and then he along with his parents and other relatives went to Old Lakhmapur to the house of Kalpana. They {3}

saw Kalpana in the pool of blood. They could notice that there were injury marks on the head of Kalpana as well as a nylon rope around her neck. They asked the daughter of Kalpana as to what had happened. She disclosed that the mother i.e. Kalpana has been strangulated by father (accused) with the nylon rope and then assaulted by handle of the axe on her head. Thereafter, the brother of the deceased lodged First Information Report which came to be registered as Crime No. 80/2013 and further investigation was started.

3. The police had carried out the spot panchnama as well as the inquest panchnama at the spot and then sent the dead body for postmortem. After the postmortem was done, the dead body was handed over to relatives for cremation. Statements of witnesses have been recorded. The sample of blood, earth, weapon etc. were collected