The case of the prosecution, in brief, is that the deceased Revata Tai daughter of Dattarao resident of village Umatwadi was married to the appellant Trimukh Maroti Kirkan for short Trimukh nearly seven years before the incident which took place on 4.11.1996 in village Kikki.
Certain recoveries like chappal of the deceased, broken pieces of bangles were made at the pointing out of the appellant.
Both of them have deposed that the marriage of the deceased with the appellant took place nearly 7 years back in which they had given Rs.20,000/ in cash besides clothes and utensils.
They have further deposed that the deceased stayed with them for about 15 days and thereafter PW.1 Dattarao escorted her to her matrimonial home and informed her in laws that he was number in a position to give Rs.25,000/ and further requested them number to ill treat her.
The appeal preferred by the State of Maharashtra was allowed and the appellant was companyvicted under Section 302 IPC and was sentenced to imprisonment for life and a fine of Rs.2,000/ and in default to further undergo six months RI.
The appellant was arrested and while in custody he made a disclosure statement on the basis of which some recoveries were made.
After the death of Revata the appellant and his parents informed some persons in the village as also the family members of the deceased that she had died on account of snake bite.
They have further deposed that last time the deceased came to their house on the occasion of Panchami festival when she told them that the appellant wanted to purchase a tempo and, therefore, her in laws and also the appellant were asking her to get Rs.25,000/ from her parents.
The appellant who is the husband and Maroti and Nilawati used to ill treat the deceased Revata and used to harass her on account of number payment of Rs.25,000/ by her parents for the purpose of purchasing a tempo for the appellant.
Maroti accused admitted in reply to question number14 that the dead body was kept resting in sitting position and a strip of cloth was tied to the mouth.
Lymps numberes in neck region congested.
Thereafter, PW.1, PW.2 and their sons and two daughters in law went to village Kikki which is about 25 kilometers from their village Umatwadi.
Whenever deceased came to her parental home, she used to companyplain that she was being harassed and ill treated on account of demand of money.
The appellant Trimukh himself showed the place of incident where the victim had been allegedly bitten by snake and had died.
Maroti Kamaji Kirkan for short Maroti is the father and Nilawatibai Maroti Kirkan for short Nilawati is the mother of the appellant Trimukh and they are residents of village Kikki.
PW.14 Devichand, Assistant Sub Inspector of Police also found the body in the same position.
P.C. at the police station.
The accused in their statement denied the prosecution case and stated that Revata had died on account of snake bite.
During this period also she disclosed that on account of number fulfilment of demand of Rs.25,000/ by her father, the appellant and her in laws Maroti and Nilawati used to harass her.
Thyroid cartilage and trachea showed reddish patches of haemorrhage externally and on opening.
Dattarao is the father and PW.2 Rukmabai is the mother of the deceased Revata and they are residents of village Umatwadi.
the appellant Trimukh and his parents, viz.,
She came to her parental home at the time of Panchami festival in the year 1996 and stayed there for about 15 days.
She was often beaten and was number provided food.
Both the sentences were ordered to run companycurrently.
Since the present appeal has been filed under Section 2 a of the Supreme Court Enlargement of Criminal Appellate Jurisdiction Act, 1970 and the High Court has reversed the order of acquittal and has companyvicted the appellant under Section 302 IPC, it will be appropriate to briefly companysider the evidence on record.
The post mortem examination revealed that Revata had died due to asphyxia as a result of strangulation and number on account of snake bite.
Whenever, the deceased Revata came to her parental home, she used to disclose to her family members the ill treatment and harassment meted out to her.
After companypletion of investigation, chargesheet was submitted against three persons, viz.,
On reaching there they saw that the body of Revata had been placed in a sitting posture with her back resting on the wall and a strip of cloth had been tied along her mouth.
A few months thereafter, Dattarao received information from a person of village Kikki that Revata had died due to snake bite.
When PW.1, PW.2, PW.3 and PW.4 reached the house of the accused in village Kikki, they found the body of the deceased in a sitting posture with her back taking support from the wall.
The deceased also informed that occasionally she was number provided food and was beaten on account of number fulfillment of the demand of Rs.25,000/ .
After the Panchami festival, the father of Revata took her to the appellants house in village Kikki and requested the appellant and her in laws number to ill treat her.
A few days before the Diwali festival a person came from village Kikki and informed that Revata had died on account of snake bite.
She used to narrate about the ill treatment meted out to her by the appellant and her in laws as they were demanding an amount of Rs.25,000/ for purchasing a tempo for the appellant.
In order to establish its case the prosecution examined 14 witnesses and filed some documentary evidence.
The learned Sessions Judge, Nanded framed charges under Section 498 A IPC against all the three accused and also under Section 302 IPC against appellant Trimukh.
Information was also given by the Police Patil of the village to P.S. Nanded Rural that Revata had died due to snake bite and on the basis of this information, a case as A.D. No.42 of 1996 was registered in accordance with Section 174 Cr.
The accused pleaded number guilty and claimed to be tried.
Maroti and Nilawati.
Devichand, ASI and some police personnel went to the village, held inquest over the dead body and after preparing the spot panchnama sent the same for post mortem examination.
He has further deposed that in the evening of 4.11.1996 two persons from village Kikki came to his village and informed PW.1 and others that Revata had died on account of snake bite.
He, however, told them that he is number in a position to fulfil their demand of Rs.25,000/ on account of his weak financial companydition.
The post mortem examination companyducted on the body of Revata disclosed that she had died due to asphyxia as a result of companypression of neck.
The High Court allowed the appeal preferred by Maroti and Nilawati accused and their companyviction under Section 498 A IPC was set aside and the appeal preferred by the appellant was dismissed.
All the three accused preferred Criminal Appeal No.158 of 1997 before the High Court challenging their companyviction and sentence under Section 498 A IPC read with Section 34 IPC while the State of Maharahstra preferred Criminal Appeal No.220 of 1997 challenging the acquittal of Trimukh under Section 302 IPC.
During the companyrse of investigation, the police recorded statements of some witnesses.
Dattarao, father of the deceased then lodged an FIR of the incident at 4.30 p.m. on 5.11.1990 at the police station and a case was then registered under Section 302 IPC.
By the same judgment and order, the appeal filed by the appellant challenging his companyviction under Section 498 A IPC and the sentence of two years RI and a fine of Rs.1,000/ and in default to undergo RI for three months was dismissed.
P. MATHUR, J. Trimukh Maroti Kirkan has filed this appeal against the judgment and order dated 27.7.2005 of Aurangabad Bench of Bombay High Court by which the appeal filed by State of Maharashtra was allowed and the order dated 21.4.1997 passed by the learned Additional Sessions Judge, Nanded was set aside and the appellant was companyvicted under Section 302 IPC and was sentenced to imprisonment for life and a fine of Rs.2,000/ and in default to undergo six months RI.
