1 criminal appeal no.841.19-4.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY,

NAGPUR BENCH, NAGPUR.

CRIMINAL APPEAL NO.841/2019

Shri Kisanrao s/o Shriram Badhe,

Aged about : 61 yrs, Occ : Labour,

R/o Amarprit Colony, Balajinagar,

Dabaki Road, Akola.

... APPELLANT

V E R S U S

The State of Maharashtra,

Through P.S.Dabaki Road,

Akola, Tah. and Dist. Akola.

... RESPONDENT

-------------------------------------------------------------------------------------------

Shri Gautam S. Shegaonkar, Advocate (Appointed) for appellant.

Shri T. A. Mirza, A.P.P. for respondent State.

-------------------------------------------------------------------------------------------

CORAM: Z.A. HAQ & AMIT B. BORKAR, JJ.

DATED : 12/02/2021.

ORAL JUDGMENT (PER : AMIT B. BORKAR, J.)

1.

The appellant, being aggrieved by the judgment and

order dated 4.5.2019 passed by the Additional Sessions Judge,

Akola, in Sessions Trial no.23/2007 convicting and sentencing

him to undergo rigorous imprisonment for life and to pay fine of

Rs.1000/- in default to undergo further rigorous imprisonment for

six months for offence punishable under Section 302 of the Indian

Penal Code, 1860, has come up in appeal before us.

2 criminal appeal no.841.19-4.odt

2.

Shortly stated, the prosecution case runs as under:

Deceased Pradip Kisan Badhe was son of the accused

and was residing with his wife Sangita Badhe (PW 2) and the

accused together. In the year 2016, Sangita (PW 2) became

pregnant and, therefore, the deceased was making persistent

demand to the accused to construct separate room for him. Since

the accused was not ready to construct new room, there was

constant quarrel between the deceased and the accused. Fed up

by the said quarrel, Sangita (PW 2) had gone to her paternal

house for her delivery.

3.

On 11.9.2016 around 10.30 p.m. friend of the deceased

Dipak Bawane (PW 4) reached the house of the accused. The

accused was alone present in the house. Around 11.30 p.m. the

accused made phone-call to Sangita (PW 2) and informed her that

the deceased was behaving in disorderly manner under the

influence of liquor. On the same night, daughter of the accused

Sujata Patharikar, who is resident of Manabda, made phone-call

to Sunil (PW 1), brother of Sangita (PW 2) and informed him

that the deceased died due to heavy consumption of liquor and it

was further told to Sunil (PW 1) not to disclose this fact to Sangita

3 criminal appeal no.841.19-4.odt

(PW 2). Sunil (PW 1) informed Sangita (PW 2) about the death

of the deceased in the morning. They went to the house of the

accused. The friends of the deceased were also gathered there. On

inquiry, the accused informed them that the deceased died due to

heavy consumption of liquor in the night. When the body of the

deceased was taken out of the house for wash and clothes were

removed, Sangita (PW 2) and other witnesses noticed ligature

marks around the neck of the deceased. Therefore, Sangita (PW 2)

lodged report with the Police.

4.

After preparing inquest panchanama, the Police sent the

body of the deceased for post-mortem. The report of the post-

mortem stated that the death of the deceased was caused due to

“neck compression by ligature material”. The police arrested the

accused and investigation was carried out. When the accused was

in police custody, he allegedly made disclosure statement and

informed the police that he strangulated the deceased by means of

cable wire. The accused shown his willingness to show the place

where he concealed cable wire. Accordingly, his disclosure

statement was recorded in presence of panchas. After completion

of the investigation, Charge-sheet came to be filed in the Court of

Judicial Magistrate First Class, Court no.8, Akola, who committed