Laxman s/o. Runjaji Gaikwad vs State of Maharashtra

Appellant has assailed the Judgment of conviction in

Sessions Trial No.31 of 2001 for the offence punishable under

Section 302 of the Indian Penal Code and sentenced him to suffer

rigorous imprisonment for life and to pay a fine of Rs.1,000/- in

default to suffer rigorous imprisonment for three months.

The case of prosecution against the appellant, in short, is

as under :

Deceased Sheela was married with the

accused/appellant on 5.5.1999. After the marriage, appellant used to

insist her to bring Rs.15,000/- from her father for starting a cloth

shop. He was beating and harassing the deceased. Whenever the

deceased came to her parents, she disclosed the ill-treatment of her

husband/appellant. On 12.1.2001, appellant along with his parents

beat the deceased and threw her into the well. Her parents i.e. her

father namely Namdeo Sadashivrao Wankhede (PW-1) and his wife

namely Saraswati Namdeorao Wankhade (PW-10) came to know

about the incident. They reached to the house of accused/appellant.

They found the dead body of deceased Sheela in the well. Namdeo

Wankhede (PW-1) lodged report in the Police Station. Crime was

registered against the appellant and his parents. Dead body was sent

for post mortem. Spot panchanama, inquest panchanama etc. were

prepared by the Investigating Officer PSI Vishwanath Vithoba Ghuge

(PW-15). After complete investigation, charge sheet was submitted

to the Court of Judicial Magistrate, First Class. As usual, the case was

committed for trial to the Court of Sessions at Achalpur.

Charge was framed at Exh.20. Same was read over and

explained to the accused. Defence of the accused appears to be of

total denial and accidental/suicidal death of deceased.

Following witnesses were examined by the prosecution :

a. Namdeo Sadashivrao Wankhede (PW-1) (Exh.32).

b. Ganpat Champat Wankhede (PW-2) (Exh.35).

c. Anil Domaji Gaikwad (PW-3) (Exh.36).

d. Naresh Shivaji Gaikwad (PW-4) (Exh.37).

e. Tarun Badrinathji Nagle (PW-5) (Exh.38).

f. Harish Ramprasad Sharma (PW-6) (Exh.42).

g. Fulabai w/o. Ramprasad Sharma (Dachole)

(PW-7) (Exh.,7).

h. Nandu Pandurangji Raut (PW-8) (Exh.44).

I. Sahadeo Sitaram Dhakade (PW-9) (Exh.45).

j. Saraswati Namdeorao Wankhade (PW-10)(Exh.47).

k. Pundlikrao Narsaji Bhujade (PW-11) (Exh.50).

l. Suresh Gunwantrao Athwale (PW-12) (Exh.53).

m.Sukhdeo Tekra Dhakade (PW-13) (Exh.56).

n. Vinayak Ruprao Nathe (PW-14) (Exh.61).

o. Vishwanath Vithoba Ghuge (PW-15) (Exh.67).

Trial Court recorded statement of accused u/s.313 of

Code of Criminal Procedure. He denied material incriminating

evidence against him. Learned trial Court, after hearing prosecution

and defence, has acquitted accused no.2 Runjaji Punjaji Gaikwad and

accused no.3 Sau.Kamlabai Runjaji Gaikwad (parents of appellant)

for the offences punishable under Sections 498 and 302 r/w. 34 of

the Indian Penal Code and also acquitted the appellant for the

offence punishable under Section 498-A of the Indian Penal Code.

Trial Court convicted appellant for the offence under Section 302 of

the Indian Penal Code and convicted as stated above.

Heard learned Counsel Mr.P.R.Agrawal for the appellant.

He has submitted that the evidence of Namdeo Wankhede (PW-1)

(father of deceased) and Saraswati Wankhade (PW-10) (mother of

the deceased) show that there was ill-treatment. But the learned trial

Court has not relied upon their evidence and has rightly acquitted the

appellant and his parents of the offence punishable under Section

498-A of the Indian Penal Code.

Learned Counsel for the appellant has pointed out the

evidence of Medical Officer Vinayak Ruprao Nathe (PW-14) and

submitted that the injuries caused to the deceased were possible if

anybody falls in the well. He has pointed out further cross-

examination of Medical Officer and submitted that the Medical

Officer has admitted that deceased was under his treatment. She was

suffering from general debility and vertigo. Therefore, possibility of

accidental death cannot be ruled out.

Heard learned A.P.P. Mr.K.R.Lule for the

Respondent/State. He has supported the Judgment of trial Court and

submitted that the appeal is without any merit and liable to be

dismissed.

Except evidence of Namdeo Wankhede (PW-1) and

Saraswati Wankhade (PW-10) (parents of deceased), there is no

evidence against the appellant. Namdeo Wankhede (PW-1) and

Saraswati Wankhade (PW-10) have stated about cruelty caused by

the appellant and his parents. When Saraswati Wankhede (PW-2)

came along with Namdeo Wankhede (PW-1) to the house of

appellant, they found dead body of deceased lying in the well. Except

this, there is no evidence by the side of prosecution. Namdeo

Wankhede (PW-1), Ganpat Champat Wankhede (PW-2) and

Saraswati Wankhade (PW-10) were not witnesses of the incident.

Other material witnesses have not supported the prosecution. There

is no evidence to show that appellant beat his wife and thrown in the

well.

There is no dispute about death of deceased Sheela.

Evidence of Vinayak Ruprao Nathe (PW-14), Medical Officer shows

that the cause of death was shock due to injuries to the vital organs.

Medical Officer Vinayak Nathe has stated in his evidence

that, on 12.1.2001, he had conducted post mortem on the dead body

of deceased Sheela. He found the following injuries :

Abrasion on both buttock size 3 " x 2 ".

Lacerated wound on the left frontal region of

scalp, size 1/2" x 1/2" with body deep, bleeding

positive with depressed fracture of skull on the side of

injury.

Contusion with abrasion on chin, size 2" x 2".

As per the opinion of Medical Officer, above injuries can

be caused by hard and blunt object. All the above injuries were ante

mortem. In his opinion, cause of death was shock due to injuries to

the vital organs. Accordingly, he issued Post Mortem report (Exh.62).

The is no dispute that the deceased died due to injuries.

But cross-examination of Medical Officer shows that Injury Nos. 1

and 3 are simple injuries. If anybody falls in well, injuries mentioned

in Column No.17 (Injury Nos 1 to 3) can be caused. The Medical

Officer has further admitted that the injuries shown in Column No.17

were fresh injuries. Xerox copy of Medical Certificate was shown to

him. He has stated that it was issued by him and bears his signature.

Deceased Sheela was suffering from general debility and vertigo.

Admission of Medical Officer Vinayak Nathe (PW-14)

clearly shows that the deceased was suffering from vertigo. It is the

specific defence of appellant that deceased was suffering from

epilepsy and under the attack of epilepsy, she fell down into the well

and died. From the perusal of evidence of all the witnesses, there is

no evidence to show that the appellant beat and threw the deceased

(wife) into the well.

Defence taken by the appellant that his wife fell into the

well under the attack of epilepsy appears to be probable in view of

admission of Medical Officer Vinayak Nathe. As per the case of

prosecution, appellant beat deceased by stick and threw her into

well. That stick was seized from the appellant. It was sent for

examination to the Chemical Analyser. The report of Chemical

Analyser is at Exh.78. Blood was not detected on the said seized

stick.

There is no evidence to show that appellant beat his wife

and threw her into well. Prosecution has miserably failed to prove

guilt of the appellant for the offence punishable under Section 302 of

the Indian Penal Code. Learned trial Court has wrongly recorded its

findings and wrongly convicted the appellant for the offence

punishable under Section 302 of the Indian Penal Code. Hence, we

pass the following order.

// ORDER //

The Appeal is allowed.

Impugned Judgment is quashed and set aside.

Appellant is acquitted of the offence punishable under Section 302 of the Indian Penal Code.

Fine amount, if paid by the appellant, be refunded to him.

Appellant is on bail. His bail bonds stand cancelled.

The record and proceedings be sent back to the trial Court.