crapl392.14-

-1-

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD

CRIMINAL APPEAL NO. 392 OF 2014

Madhav Dhondiba Wadwale

Age 25 years, Occ. Agriculture

R/o. Kapsi (Bk), Tq. Loha

District Nanded

...Appellant

Now in jail

(Ori. Accused No.1)

versus

The State of Maharashtra

Through the Secretary Home Department

Mantralaya Mumbai

and

The Police Station Officer,

Osmannagar,

Tal. Kandhar, Dist. Nanded

...Respondent

.....

Mr. K. C. Sant, Advocate for the appellant

Mr. R. D. Sanap, A.P.P. for respondent-State

Mr. A.M. Gaikwad, assist to A.P.P.

..…

AND

CRIMINAL APPEAL NO. 294 OF 2014

1.

Dhondiba Devrao Wadwale

Age 55 years, Occ. Agriculture

2.

Chandrakalabai w/o Dhondiba Wadwale

Age 50 years, Occ. Household,

Both R/o. Kapsi (Bk), Tq. Loha

District Nanded

...Appellants

(Ori. Accused No.2 & 3)

versus

The State of Maharashtra

Through the Secretary Home Department

Mantralaya Mumbai

and

The Police Station Officer,

Osmannagar,

Tal. Kandhar, Dist. Nanded

...Respondent

crapl392.14-

-2-

.....

Mr. Mukul Kulkarni h/f Mr. R.R. Sancheti, Advocate for the appellants

Mr. R. D. Sanap, A.P.P. for respondent-State

..…

CORAM : V. K. JADHAV AND

SANDIPKUMAR C. MORE, JJ.

Date of Reserving

the Judgment

: 29.11.2021

Date of pronouncing

the Judgment

: 06.01.2022

JUDGMENT (PER V.K. JADHAV, J.) :-

1.

Being aggrieved and dissatisfied with the judgment and order

of conviction passed by the Additional Sessions Judge, Kandhar

dated 23.5.2014 in Sessions Case No.23 of 2004, the appellant -

original-accused No.1 Madhav Dhondiba Wadwale preferred criminal

appeal No. 392 of 2014 and appellants-accused No.2 and 3 i.e.

Dhondiba Devrao Wadwale and Chandrakalabai Dhondiba Wadwale,

respectively, preferred criminal appeal No. 294 of 2014.

2.

Brief facts giving rise to the prosecution case are as follows:-

a)

P.W.2 Savita (victim) is the wife of appellant-accused No.1

Madhav whereas the appellant accused Nos.2 and 3 i.e. Dhondiba

and Chandrakalabai, respectively, are the parents of appellant

accused No.1 Madhav. The marriage of P.W.2 Savita (victim) was

performed with appellant-accused No.1 Madhav on 26.3.2003. At

crapl392.14-

-3-

the time of marriage, though dowry amount of Rs.1,21,000/- was

fixed, however, an amount of Rs.1,00,000/- was paid in cash

alongwith motor cycle and ornaments of two and half Tola gold were

also given and balance amount of dowry for Rs.21,000/- remained

unpaid. After the marriage, P.W.2 Savita (victim) had gone to her

matrimonial house at Kapsi (Bk), Tq. Loha, District Nanded. She

was treated well for a period of three months after the marriage.

Thereafter, she was subjected to ill-treatment on account of

remaining unpaid dowry amount for Rs.21,000/-. P.W.2 Savita

(victim) was also subjected to insulting treatment for the reason that

she is having black complexion. P.W.2 Savita (victim) has thereafter

became pregnant. However, there are various instances quoted by

P.W.2 Savita (victim) which indicate that she was also subjected to

ill-treatment for aborting foetus. There was an attempt to kill her in

her matrimonial home but she has fortunately saved herself.

b)

On 20.01.2004 at noon when P.W.2 Savita (victim) was

cleaning the paddy rice grains in kitchen room, at that time appellant

accused No.1 Madhav entered in the room and by closing the door of

kitchen room from inside, had given two kicks on the abdomen of

P.W.2 Savita (victim). The parents of appellant accused No.1

Madhav i.e. accused Nos. 2 and 3, who are appellants in criminal

appeal No. 294 of 2014 also entered in the said kitchen room. The

appellant accused No.2 Dhondiba had given a ny