On Tuesday, the 28th of July, in the year 2022 The Bombay High Court passed a judgement partly in favour of the accused by absolving one of his charges and allowing the other charges to punish him fittingly. This was seen in the case of Ramesh S/o. Chagan Vithore vs. The State of Maharashtra (Criminal Appeal No. 174 Of 2015) and this Judgement was passed by The Honourable Ms. Justice V. V. Kankanwadi and by The Honourable Mr. Justice Rajesh S. Patil.
FACTS OF THE CASE:
In this appeal, the original accused is challenging his conviction for the offences punishable under Section 302, 498-A of the Indian Penal Code, passed by learned Additional Sessions Judge, Vaijapur, District Aurangabad, on 02.12.2014.
The deceased Kalpana was married to the appellant and had a daughter and two sons with the accused. Initially all of them used to reside near the bank of river Godavari in Village Galpera and then Kalpana lodged a First Information Report against her husband, mother-in-law, and cousin mother-in-law for the offence punishable under Section 498-A of Indian Penal Code. They all were arrested in connection with that offence but there was a settlement between Kalpana and accused and as a result of which two months prior to the death of Kalpana she started residing with her husband and children at Village Old Lakhmapur Shivar, Taluka Gangapur, District Aurangabad. Eight days prior to the incident, Kalpana’s parents had visited her house, at that time it was disclosed by Kalpana to them that the accused is harassing her by demanding Rs. 50,000 on account that he wants to fight out the litigation which she had imposed on them. On 28.04.2013, the informant Narhari Shivlal Bale, the brother of the deceased Kalpana received a phone call from his brother-in-law, disclosing that Kalpana has been killed.
The family of deceased found Kalpana in a pool of blood and they noticed that there were injury marks on the head of Kalpana as well as a nylon rope around her neck. They asked the daughter of Kalpana as to what had happened and she disclosed that Kalpana has been strangulated by her father with the nylon rope and then assaulted by the axe on her head. The brother of the deceased then lodged a First Information Report which came to be registered and further investigation was started.
After the completion of investigation, the police bought the case before Additional Sessions Judge, Vaijapur and the learned judge held the accused guilty of committing offence punishable under Section 302 and 498-A of Indian Penal Code.
The court after going through all the materials, witnesses and evidence came to the conclusion that the Appeal stands partly allowed. The conviction of the accused by the learned Additional Sessions Judge, Vaijapur, District Aurangabad, for the offence punishable under Section 302 of Indian Penal Code, stands confirmed but the conviction for the offence punishable under Section 498-A of Indian Penal Code, stands set aside. Any fines in respect to the sentence under 498-A will be refunded to the accused.
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JUDGEMENT REVIEWED BY TANAV ZACHARIAH.