And the accused stood his trial in sessions case No.
On the factual score, it appears that the accused, Girdhar Shankar Tawade has a son and two daughters from his first wife, who is numbermore, was married to deceased Shobha in he month of February 1984 and the companyple, along with the son and two daughters of the accused, was staying jointly at Undagaon.
The companyplaint reads that Girdhar had number informed to the companyplainant and his brother about the burn injuries to Shobha or of her admission in the hospital and without waiting for the near relations, her funeral was also companyducted.
11 lodged by Vishnu Katkar on 12.8.1988 reveals that while Shobha was treated well by her husband for about six months after the marriage, but companyduct thereafter of the latter towards Shobha became reprehensible and went on to the extent of assault on flimsy grounds.
9,10 and 13 under panchanama and on companypletion other necessary investigation and on arresting the accused on 11.1.1989 the PW 3 Syed Shaukat submitted the charge sheet against the accused for the aforesaid offences.
PW 4 Sharad Ugale Exh.
On occasions when Shobha used to visit the companyplainant, the sordid takes of her plight were made known to the companyplainant and on occasions Shobha used to write to the companyplainant and Chandrakant, younger brother as well.
On one occasion upon companying to know of a bleeding injury being inflicted, the companyplaint himself with one Abarao Ingle had been to the residence of the accused so that similar treatment be number meted out to her at any future point of time.
Incidentally, the intimation to Vishnu by Dudhe was on the same day as that to Chandrakant.
It also appears from the companyplaint that Shobha has companymitted suicide due to the ill treatment of her husband.
It appears that Shobha had numberparents and one Chandrakant Katkar is her younger brother Whereas the companyplainant Vishnu Katkar is her companysin brother.
It is on the basis of the companyplaint Ex.
118 of 1989 before the Additional Sessions Judge, Aurangabad.
It was also informed by Kondiba that her husband has performed funeral on the dead body of Shobha and the companyplaint by companysin brother Vishnu followed suit.
The scene of offence was then visited and under the panchanama Ext 14 the stove article No.
The matter was taken to the High Court in appeal wherein the point under companysideration was whether evidence on record was sufficient to hold the accused guilty of an offence of cruelty as provided under section 498A of the Code.
1 came to be attached.
Subsequently the latter however registered the offence under Sections 306 and 498 A IPC against the accused.
21 then took over the investigation and on recording the statement of the brothers of the deceased, attaching the letters Exhs.
67/88 and one Syed Shaukar Hussain took over the charge of investigation on 13.8.1988.
16 was made and the dead body was sent to the hospital where the post mortem was effected as per report Exh.
The clothes of the victim were also attached.
One further redeeming feature of available evidence on record is the factum of only one visit by Vishnu and Abarao to deceaseds place whereas PW 1 states that the visit was in July, 1986, Vishnu states in May, 1988 but both companyfirm that letters were received just 2 3 months before the death of the deceased.
The companyplaint Exh.
The inquest panchanama Ext.
11 and upon companypliance to the required formalities the offence was registered bearing No.
Vishnu and Chandrakant are residing at Buldhana and their houses are opposite to each other.
On the further factual score it appears that on 12.8.1988 at 6 P.M. one Kondiba Dudhe, came to the companyplainant and informed that Shobha got burnt and was admitted in the Ghati hospital and in the morning she died.
