1 APEAL73.2002 & ANR

IN THE HIGH COURT OF JUDICATURE AT BOMBAY.

BENCH AT AURANGABAD.

CRIMINAL APPEAL NO. 73 OF 2002

Gautam Govindrao Shinde,

Age : 29 yrs., Occu : Service,

R/o. Police Colony, Balepir,

Beed, District : Beed.

… Appellant

VERSUS

The State of Maharashtra

through Police Station Officer,

Police Station Beed City, Beed.

… Respondent

..........

Mr R. V. Hange, Advocate for the appellant

Mr R. V. Dasalkar, APP for respondent/State

.............

WITH

CRIMINAL APPEAL NO. 312 OF 2002

The Station of Maharashtra

Through Police Station Officer,

Police Station, Beed City.

… Appellant

VERSUS

Gautam S/o. Govindrao Shinde,

Age : 28 years, Occu : Service,

R/o. Police Colony, Balepeer,

Beed, Tq. & Dist. Beed.

… Respondent

(Orig. Accused)

..........

Mr R. V. Dasalkar, APP for the appellant

Mr R. V. Hange, Advocate for respondent/State

.............

CORAM : T. V. NALAWADE &

A. M. DHAVALE, JJ.

DATE OF RESERVING THE JUDGMENT : 15.11.2017.

DATE OF PRONOUNCING THE JUDGMENT : 09.02.2018.

2 APEAL73.2002 & ANR

JUDGMENT (PER A.M. DHAVALE, J.) :

1.

Both these appeals are against the judgment in Sessions

Case No. 63/2001 delivered by the Addl. Sessions Judge, Beed, on

02.02.2002 whereby the accused was convicted only u/s 498A IPC

and was sentenced to suffer RI for one year and six months and to

pay fine of Rs. 1500/-, in default, RI for six months and was

acquitted u/s 302 of IPC. The aggrieved accused has preferred Cri.

Appeal No.73/2002 against conviction while the aggrieved State has

filed Cri. Appeal No. 312/2002 against acquittal.

2.

The facts relevant for deciding these appeals may be stated

as under :

On 15.03.2001 at 09:45 a.m. the accused Gautam then

aged 28 years serving as a Police Constable in Police Band lodged

report at Beed town Police Station. As per his report Exh. 44, he was

residing with his wife Anita and one son and one daughter in house

No. 139, O Line, Balepir at Beed. On 14.03.2001, he returned from

his duties from Ambejogai to his house at 07:30 p.m. Then at 08:30

pm., he went to attend a Haldi programme of a daughter of his

colleague Head Constable – Bhise and returned at 10:45 p.m. His

wife, who was sleeping, got annoyed and asked him why he came

3 APEAL73.2002 & ANR

late and slapped herself and dashed her skull against wall. He told

her she could do whatever she wanted to do. He slept with his

children on a cot while his wife was sleeping on the floor. On the

next day morning at 05:30 a.m. he saw that his wife was not sleeping

in the said room. He saw from window that she had latched the front

room both from front side as well as from back side and hanged

herself. He gave call to her but she did not respond. He narrated the

incident to his aunt Vithabai and then went to the Police Station and

lodged report. On the basis of the said report, Station Diary Entry

No. 75/2001 and Accidental Death Inquiry 10/2001 were registered.

At 08:30 p.m. deceased Anita's father Kaluji (PW4) lodged FIR Exh.

29. As per FIR, he was a teacher working as a Kendrapramukh at

Pachegaon. He had one son and five daughters. Deceased Anita was

his daughter no. 4. In 1993, she was given in marriage to accused

Gautam at Gondi, Tq. Ambad, Dist. Jalna. Anita was blessed with

one daughter Priti and one son Shubham, aged 5 & 3 yrs.,

respectively, at the time of incident. Gautam was serving in Police

Department at Beed. At the time of marriage, agreed dowry in the

form of gold ring of one tola, Rs. 10,000/- cash, clothes and utensils

were presented. After the marriage, the accused Gautam developed

habit of consumption of liquor and he used to assault and ill-treat

Anita under the influence of liquor. Anita when