1

CRI APPEAL 134.2014 &

135.2021.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD

CRIMINAL APPEAL NO.135 OF 2014

1.

Shri Sharad Ashok Thange,

age 25 years, occ. Agril,

R/o. Barhanpur, Tq. Shevgaon,

District Ahmednagar.

..Appellant..

(orig. accused no.1.)

Versus

The State of Maharashtra

Through Police Inspector,

Shevgaon Police Station,

Taluka Shevgaon,

District Ahmednagar.

..Respondent..

(orig complainant)

...

WITH

CRIMINAL APPEAL NO.134 OF 2014

1.

Ashok Bhaurao Thange,

age 47 years, Occ. Agril,

R/o Barhanpur, Tq. Shevgaon,

District Ahmednagar.

2.

Bhimabai w/o Ashok Thange,

age 40 years, occ. agril,

R/o Barhanpur, Tq. Shevgaon,

District Ahmednagar.

..Appellants...

(orig accused nos.2 & 3)

VERSUS

The State of Maharashtra,

Through Police Inspector,

Shevgaon Police Station,

Taluka Shevgaon,

District Ahmednagar.

...Respondent...

(orig complainant)

...

2

CRI APPEAL 134.2014 &

135.2021.odt

...

Mr. V D Sapkal Senior Counsel I/b Mr. S R Sapkal

advocate for the appellants in both appeals.

Mr. S D Ghayal APP for the respondent State.

...

CORAM : V.K. JADHAV & SHRIKANT D. KULKARNI, JJ.

...

Reserved on : 23.6.2021

Pronounced on : 07.07.2021

…

JUDGMENT :- ( Per V. K. Jadhav, J.)

1.

These two appeals have been preferred against the

judgment and order of conviction dated 26.2.2014

passed by the Additional Sessions Judge, Ahmednagar

in Sessions Case No.384 of 2012.

2.

Brief facts of the prosecution case are as follows :-

a]

On 15.9.2012 village Police Patil of Aavhane, Tq.

Shevgaon, District Ahmednagar has reported to

Shevgaon Police Station that one Kalindi Sharad Thange

died due to burns in her matrimonial home. On the

basis of such information, accidental death bearing A.D.

No.70 of 2012 was registered at Shevgaon Police Station

and one ASI Shirvam Dhakne was entrusted with the

inquiry.

3

CRI APPEAL 134.2014 &

135.2021.odt

b]

On 16.9.2012 at about 3.00 a.m. PW 1-Raosaheb

Kondiba Dukale-father of the deceased Kalindi has fled

F.I.R at Shevgaon Police Station. It has been stated in

the FIR that deceased Kalindi was given in marriage to

appellant/accused no.1 Sharad Thange and marriage

was performed on 29.1.2012. It has been alleged that

Kalindi was treated well for a period of one month and,

thereafter subjected to cruelty on account of the non-

fulfllment of demand of Rs.50,000/- (Rs. Fifty

Thousand) for purchasing a motorcycle. It has also

alleged that on 13.9.2012 when the complainant has

invited all the accused in his house for Dhonde Feast,

appellant/accused no.1 Sharad has made a demand of

one Tola Gold Ring, however, due to poor economical

condition, complainant PW 1 Raosaheb could not fulfll

the said demand. However, he has promised that when

he will fetch good yield from his land, said ring will be

given. All the accused left the house of the complainant

alongwith Kalindi, however, while leaving the house

deceased Kalindi was crying. On the very next day, i.e.

on 15.9.2012 deceased Kalindi informed to her brother

4

CRI APPEAL 134.2014 &

135.2021.odt

PW 3 Dada Dukle on phone that as golden ring was not

given to her husband appellant/accused, he has

severally assaulted her and subjected her to cruelty. On

the same day, at about 3.00 p.m. Sarpanch of village

Avane informed to PW 3 Dada Dukle on phone that his

sister deceased Kalindi died due to burns in the house

of the accused. Accordingly, PW 1 Raosaheb, his wife

Prayagbai and other relatives rushed to the house of the

accused at Barhanpur, Tq. Shevgaon, District

Ahmednagar. They have found that deceased Kalindi

was totally in burnt condition and her dead body was

lying in the house of the accused. They have carried

said