Bombay High Court
The State Of Maharashtra vs Subhash Shripati Shinde And Ors on 17 March, 2021
Bench: S.S. Jadhav, N. R. Borkar
apeal.49.2004.doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION
CRIMINAL APPEAL NO. 49 OF 2004
State of Maharashtra } Appellant
Versus
1. Subhash Shripati Shinde }
2. Sou. Housabai Shripati Shinde }
Age-55 years. }
3. Shripati Dnyanu Shinde }
Age-62 years. }
(appeal is abated against respondent nos. }
2 and 3) } Respondents
-------------------
Ms. M.H. Mhatre - APP for the State/Appellant.
Mr. Rahul S. Kate for the respondent nos. 1 to 3.
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CORAM : SMT. SADHANA S. JADHAV &
N.R. BORKAR, JJ.
RESERVED ON : MARCH 11, 2021.
PRONOUNCED ON : MARCH 17, 2021.
JUDGMENT :- (PER SADHANA S. JADHAV, J.)
1. The State of Maharashtra being aggrieved by the judgment
passed by the First Ad-hoc Additional Sessions Judge, Karad in
Sessions Case No. 253 /2000, thereby acquitting the respondent of the
offences punishable under section 498-A, 306, 304-B read with 34 of
Indian Penal Code vide judgment and order dated 17 th May 2003 has
filed the present appeal. The appeal is abated against the respondent
nos. 2 and 3.
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2. The facts of the case are as follows:-
a) The daughter of PW.1 Vasant Sawant namely Vandana
was married to the respondent no. 1 in May 1997. The
accused Nos. 2 and 3 happened to be the parents of the
respondent no.1. PW.1 is resident of Sawantwadi, Mouje
Manav, Tal-Karad, whereas the respondents have resident
of village Ond. The distance between both the villages is
hardly 2 km. The respondent no.1 was in service at
Kupwad, District-Sangli.
b) On 23rd May 1999 at about 7.00 a.m. the respondent
nos. 2 and 3 had been to the house of PW.1 and inquired
with him as to whether Vandana had been to his house as
she was missing from her matrimonial home since 5.00
a.m. They had searched at the house of all relatives. When
they were searching for her in their own village they learnt
that the body of Vandana was floating in a Well in village
Ond. PW.1-Vasant Sawant had accordingly informed the
police about the same at about 6.45 p.m., on the basis of
which A.D. No. 45 of 1995 was registered.
3. The inquest panchnama was performed. The same is at
Exhibit-10. Her skin was nibbled by aquatic animals and her stomach
appeared to be slightly bloated. Inquest panchnama was conducted in
the course of A.D. enquiry. Similarly the scene of offence panchnama
was also conducted in A.D. enquiry which shows that the subject Well
in which Vandana had fallen was about 39 feet deep. The water was
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upto the height of 12 feet. The Well had parapet wall. An electric
motor was installed on the Well. There were about 21 steps for
descending into Well. The Well was located in the agricultural land of
Raghu Tukaram Thorat. The body was sent for autopsy. The
postmortem notes are at Exhibit-14. There were no apparent external
injuries present on the deceased. The eyelids, lower lips and pinna of
both ears were nibbled by aquatic animals. The deceased had died 6
hours after her last meal. The cause of death was 'Asphysia due to
drowning'. She was pregnant of about 10 weeks. The scene of offence
panchnama and the postmortem notes are admitted by the accused
under Section 294 of Cr.P.C.
4. On 24th May 1999, PW.1 Vasant Sawant lodged a report at
Karad Taluka Police Station alleging therein that in 1997 his daughter
Vandana was married to the respondent no.1. It was agreed that PW.1
would pay Rs. 500/- towards dowry and 2 Tolas Gold. It is alleged that
Vandana was subjected to harassment and ill-treatment at the hands of
the accused for not fulfilling their demands of two tolas gold and also
on account of the failure on the part of PW.1 to honor the family
members of the accused properly. At the time of Ganesh Festival
Vandana had been to her matrimonial house and had disclosed to her
parents that the harassment and ill-treatment is meted out to her since
the demands of the accused are not fulfilled and therefore, she has to
encounter taunting at the hands of her mother-in-law.
5. PW.1 had given an assurance that he would fulfill the
demand. That the deceased Vandana had complained to her parents on
several occasions that she was harassed and ill treated in her
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matrimonial home. On 23rd May 1999, she had left her matrimonial
home at about 5.00 a.m. Her in-laws had enquired with her parents
about her whereabouts. Finally, she was found in a Well. On the basis
of the said report Crime No. 78 of 1999 was registered against all the
respondents for offence punishable under section 498-A, 306 and 304-
B read with 34 of Indian Penal Code.
6. At the trial, the prosecution has examined as many as four
witnesses to bring home the guilt of the accused.
7. PW.1, happens to be the first informant i.e. father of
deceased Vandana. He has testified before the court in consonance
with the First Information Report. According to him, Vandana was not
being allowed to visit their house and therefore, occasionally he used
to go to the house of Vandana to meet her. According to him, he had
tried to persuade the accused on more than two occasions and
requested not to harass Vandana. He has further elaborated before the
Court that a week prior to the incident he had been to the house of
Vandana to meet her. She had disclosed that the ill treatment was
unbearable and that if he did not take steps, she will do so. The
admissions in the cross-examination are as follows:-
i. The biological mother of Vandana had expired.
ii. PW.1 had remarried. PW.1 has stated several
instances before the Court to show that Vandana had
intermittently informed PW.1 about the harassment meted
out to her at the hands of the respondents. It is admitted in
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the cross-examination that Vandana had undergone abortion
just two days prior to the death of her paternal
grandmother. It is also admitted that in fact, the accused
had offered two and half Tola Golden chain to Vandana. The
marriage expenses were also shared by both the families.
iii. According to PW.1, she was not being sent to her
maternal house on any occasion after she had conceived.
However, it is also admitted that she had been to her
maternal house to see her paternal grandmother, when she
was ill. She had also attended the next day rituals after the
demise of her grandmother. The witness was confronted
with his previous statement and it is seen that there are
several material contradictions as well the said
contradictions are proved through investigating officer
(PW.4).
8. PW.2- Sunanda Dange, happens to be the cousin sister of
deceased Vandana. Even according to her, she was informed by
Vandana that she has been harassed and ill treated. Vandana has
visited her maternal house in January and had stayed there for one
month. She had also visited the maternal house along with her mother-
in-law to meet her ailing grandmother. She had visited her maternal
house on each and every festival. There are inconsistencies in the
evidence of PW.1 and PW.2. The prosecution has also made a frail
attempt to establish the elements of harassment and ill treatment to
Vandana in her matrimonial house. There are omissions in respect of
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the harassment.
9. PW.4.- Bajirao Bhosale, happens to be the investigating
officer. He has proved the omissions and contradictions in the evidence
of the witnesses and has testified before the Court the steps taken by
him in the course of investigation.
10. Taking into consideration the recitals of the spot
panchnama, it is clear that Vandana has not succumbed to an
accidental fall in the Well. It appears that it is a case of suicide.
However, the prosecution has failed to prove, she committed suicide by
adducing cogent and convincing evidence. The reason for commission
of suicide by Vandana has not surfaced. It cannot be said that the
respondents had abetted or instigated Vandana to commit suicide. The
defence of the accused that in the month of May she had been to fetch
water from the Well and at that time, in all probabilities, she slipped
and fell into the Well is also not acceptable. The prosecution has failed
to prove the presence of the respondent no.1 in village Mauje Manav,
Tal-Karad on the day of incident. The defence of the accused is far
from probabilities since the Well has parapet wall. The reasons for
commission of suicide was known to the deceased alone. No role is
attributed to the respondents.
11. The evidence of PW.1 that the deceased had committed
suicide as she was fed up of ill-treatment at the hands of respondents
also does not inspire confidence. It does not appear to be a case of
dowry death. There is evidence on record to show that the accused
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themselves had offered two and half tolas gold to the deceased.
12. According to PW.1, Vandana had undergone miscarriage
two days before the demise of his mother and he had requested the
accused not to disclose the said fact of death of his mother to Vandana.
The accused had obliged. However, Vandana had visited her maternal
house and participated in performing last rites on her grandmother.
13. The learned Sessions Judge has rightly observed that there
are several lacunas in the course of investigation. The prosecution has
not proved the suicidal death of Vandana beyond reasonable doubt.
That, in fact, the death of Vandana is otherwise than under normal
circumstances within 7 years of her marriage. However, that by itself is
not sufficient to contribute any role to the respondents in the
commissions of suicide of Vandana. The reasons assigned by the
learned Sessions Judge are justified, no interference is called for.
Hence, appeal stands dismissed.
(N.R. BORKAR, J) (SMT. SADHANA S. JADHAV, J)
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