Chandrakant Virupaksha Nandanwade . vs The State Of Maharashtra .
2025 Latest Caselaw 8606 Bom

Bombay High Court

Chandrakant Virupaksha Nandanwade . vs The State Of Maharashtra . on 5 December, 2025

2025:BHC-AS:53531

                     S.S.Kilaje                                                      71- Cri.Appeal-118-2000.doc

                                              IN THE HIGH COURT OF JUDICATURE AT BOMBAY

                                                          CRIMINAL APPELLATE JURISDICTION

                                                          CRIMINAL APPEAL NO. 118 OF 2000


                                  Chandrakant Virupaksha Nandanwade                        ... Appellant
                                  versus
                                  The State of Maharashtra                                 .... Respondent
                                                                        ............

                                  Mr. Shahen Pradhan for the Appellant.
                                  Mr. Y. M. Nakhwa , APP for State.

 SONALI by
           Digitally signed
           SONALI
        SATISH KILAJE
                                                                  CORAM : R. M. JOSHI, J.

SATISH Date:

2025.12.08 KILAJE 11:22:02 +0700

RESERVED ON : 3rd DECEMBER, 2025. PRONOUNCED ON : 5th DECEMBER, 2025.

P.C. :

1. The Appellant being aggrieved by the Judgment and Order dated

15.02.2000 passed in Sessions Case No. 31 of 1995 convicting the accused

for the offences punishable under Sections 498-A and 306 of Indian Penal

Code, 1860 (for short "IPC") and sentencing him to suffer imprisonment

for a period of 3 years and 5 years respectively with fine.

2. The facts which led to the filing of the present appeal can be

narrated in brief as under.

3. It is the case of the prosecution that deceased Vandana, daughter of

informant i.e. PW-1 Vithhal was married to accused on 01.06.1986. After

S.S.Kilaje 71- Cri.Appeal-118-2000.doc

the marriage both lived together in the parental house of the deceased and

thereafter they started residing separately at Wagle Estate, Thane. Two

daughters and a son is begotten out of the said wedlock. Accused as well

as deceased Vandana were employed. It is further case of the prosecution

that the deceased used to disclose to her parents and siblings about the

demand of the money made by the accused for the purchase of bungalow

and on that count she was harassed. On 04.11.1994 i.e. on the day of

Bhaubij brother of the deceased visited her house and left at around 9:00

p.m. Thereafter, incident occurred in which deceased Vandana sustained

burns and died. It is the case of the prosecution that it is a suicidal death

and the accused has abated to the same. Initially the accidental death No.

139 of 1994 came to be registered under Section 174 of Cr.P.C. The father

of the deceased was report with Wagle Police Station being Crime No. 276

of 1994 for the offences punishable under Section 498-A and 306 of IPC.

The investigation into the said crime was carried out by PSI Chaudhary.

He visited the spot of the incident and drew spot panchanama in presence

of the panch witnesses. Incriminating articles were seized from the spot.

The dead body was sent for post mortem examination and a report was

included in the investigation paper. It was revealed therein that the

deceased sustained 96% burn and died due to the shock of burns.

Statements of witnesses were recorded. On completion of the investigation

S.S.Kilaje 71- Cri.Appeal-118-2000.doc

chargesheet came to be filed. Charge was framed against the accused vide

Exhibit-3. He adjured the charge. Prosecution examined 5 witnesses out

of which PW-1 to PW-4 are parents and siblings of the deceased. PW-5 is

the Investigating Officer. On the basis of evidence on record the learned

Trial Court found accused guilty for the offences charged against him and

passed impugned Judgment and Order, hence this appeal.

4. Learned counsel for the appellant submits that in order to

substantiate the offence punishable under Section 306, the initial burden is

on the prosecution to prove that the death of the deceased is suicidal. It is

his submission that the spot panchanama has not been proved through

panch witness and hence the defence has lost opportunity of cross

examining him. It is submitted that the panchanama cannot be accepted

to have been proved through the Investigating Officer. He further argued

that there is no independent evidence in order to accept the case of the

prosecution that any demand of money was made by the accused from the

deceased or from her father. He drew attention of the Court to the

evidence of these witnesses wherein father admits to have no source of

income after he retired from service prior to four years of the incident.

Attention of the Court is also drawn to the evidence of these witnesses

which according to him are full of material contradictions. Reference is

made to the evidence of sister of the deceased who admits that the

S.S.Kilaje 71- Cri.Appeal-118-2000.doc

deceased told her that she will take care of the demand of the husband. It

is his submission that the neighboring witnesses are not examined in order

to prove any harassment being caused by the accused to the deceased

which has resulted into she being driven to commit suicide. He drew

attention of the Court to P. M. Notes indicating that the burns are

sustained due to stove. This according to him sufficiently proves that the

death is accidental. It is also argued that initially accidental death is

recorded by the police and at the instance of Deputy Collector who is in

acquittance to the informant, false report came to be lodged against the

accused. To prove this evidence she placed reliance on Prakash and

others.1, to argue that to attract the offence of abatement of suicide it is

necessary to establish proof of any direct or indirect acts of instigation or

incitement of suicide by the accused and which must be in close proximity

to the commission of suicide. He also placed reliance on the following case

laws :

(i) Mahendra Awase Vs. State of Madhya Pradesh2

(ii) Md. Jabbar Ali and Ors. Vs. State of Assam3

(iii) Gurcharan Singh Vs. State of Punjab4

5. Learned APP supported impugned Judgment and Order. According

to him prosecution was not required to prove spot panchanama as the 1 2024 SCC Online SC 2 (2025) 4 SCC 801 3 2022 SCC OnLine SC 1400 4 (2020) 10 SCC 200

S.S.Kilaje 71- Cri.Appeal-118-2000.doc

same is admitted by the defence under Section 294 Cr.P.C. In view of the

admission of the document contents thereof can be read in evidence which

indicate that this is not the case of the accidental death, but suicidal death.

He further argued that there is no reason to discard the evidence of PW-1

to PW-4 which according to him is consistent, it is submitted that there was

demand raised by the accused from the deceased for the purchase of

bunglow and car and on account of non fulfillment thereof the deceased

was harassed which has led her to commit suicide. It is further argued

that when deceased was well educated and employed and having three

children and therefore there was no other reason for her to commit suicide.

On these amongst other submissions he seeks dismissal of the appeal.

6. In order to prove offence punishable under Section 306 of IPC, the

prosecution at the first instance is required to prove that the death of the

deceased is suicidal one. Here in this case, the defence has admitted spot

panchanama at Exhibit-14. The spot panchanama indicates that the place

where dead body was found, kerosene was lying on the floor so also the

entire body of the deceased was smelling kerosene. If it is so, the

possibility of accidental burns is ruled out. Pertinently in the spot

panchanama there is no mention of any stove being there in the house.

Once the defence has admitted the said document, it is not now open for

the defence to claim that the panch witness could not be cross examined.

S.S.Kilaje 71- Cri.Appeal-118-2000.doc

Since the document is admitted under Section 294 of Cr.P.C. the

prosecution was not required to prove the said document by examining

panch witness. The opinion of the Medial Officer about the burns due to

stove is unsupported by the evidence on record. In the facts of the case and

having regard to the evidence which is admitted by the defence, this Court

has no hesitation to hold that it is a case of suicidal death.

7. Once the factum of suicidal death is proved, the prosecution is

required to prove that there was abatement caused by the accused for

commission of the said suicide by the deceased. Section 107 needs

reference which reads thus :

"A person abets the doing of a thing, who:

Firstly -Instigates any person to do that thing; or Secondly - Engages with one or more other person or persons in any conspiracy for the doing of that thing, if an act or illegal omission takes place in pursuance of that conspiracy, and in order to the doing of that thing; or Thirdly - Intentionally aids, by any act or illegal omission, the doing of that thing."

This provision clearly indicates that in order to hold that a

person abates the doing of a thing, he must instigate any person to do that

thing or intentionally aid by any act or illegal omission doing of that thing.

Provision Secondly would have no application to the present case. Law on

the point of abatement by now is fairly settled to say that it is absolutely

necessary for the prosecution to establish proof of direct or indirect act of

instigation or incitement of suicide by the accused. Similarly, such act

S.S.Kilaje 71- Cri.Appeal-118-2000.doc

must be in close proximity to the commission of suicide by deceased. Most

importantly the act should reveal a clear mens rea to abate the commission

of suicide and to put the victim in such a position that he or she would

have no other option but to commit suicide. Applying these tests, it would

be necessary to consider the evidence led by the prosecution before the

Trial Court.

8. PW-1 Vitthal, father of the deceased states about the marriage of the

deceased with accused having being performed on 01.06.1986. After the

marriage they were residing with the parents of deceased and thereafter

started cohabitation at Wagle Estate, Thane. This witness claimed that

accused always used to harass the victim and demanding money. He

claims that in August-1994 the accused had beaten the deceased. He also

narrates the facts regarding deceased coming to the parental home and

having stayed there for considerable time and thereafter accused having

taken her back to the maternal home. He also claims that accused and his

parents were used to converse in Kanada language which the deceased was

unable to understand and request of deceased to talk in Marathi was

refused by them. Similarly, PW-2 Sonabai, mother of the deceased claims

about deceased being harassed for purchase of a bungalow and car. She

also confirms the fact the deceased has stayed at her parental home for 25

days before her death. PW-3 Kanchan, sister of the deceased and PW-4

S.S.Kilaje 71- Cri.Appeal-118-2000.doc

Krushna, brother of the deceased also claimed harassment of the deceased

at the hands of the accused for not meeting demand of money for purchase

of bungalow.

9. In their testimony however it has come on record that accused as

well as deceased were employed and deceased was working as a teacher in

the Municipal Corporation school. Thus it is clear that both deceased as

well as accused were financially independent. As against this, the father of

the deceased in his cross examination has given candid admission about

there being no earning member in the family after he retired from service

prior to four years of the incident. Suggestions were made to this witness

as well as to the other witnesses about accused helping the deceased to

complete her education after the marriage and so also rendering financial

assistance for education of her siblings. These suggestions though are

denied by the witnesses, there is no evidence on record to indicate that the

financial condition of the father of the deceased was sound enough to meet

any demand.

10. The FIR indicates that the demand was made from the parents of the

deceased through her, however in the course of the trial, the witnesses

have claimed that the accused used to meet demand of money from the

deceased. In this regard, it will be relevant to take note of the evidence of

PW-3 Kanchan who states about the deceased telling her that the accused

S.S.Kilaje 71- Cri.Appeal-118-2000.doc

made demand of money but she would take care of it and that she should

not worry. The statement made in examination-in-chief indicates that even

in respect of the demand of any money, the deceased was capable of

taking care of the same and the said could not have become a cause for her

to commit suicide.

11. Apart from this, the testimonies of these 4 witnesses indicate that

there were no restriction for the deceased to go to her parental home or

the parents and siblings were not prevented entry in the matrimonial

home. Apart from this, it is clear that the sister of the deceased used to

regularly come to the house of the accused. In such circumstances, it

would be extremely difficult for the Court to accept the testimonies of

these 4 interested witnesses in order to hold that the accused had

demanded any money from the father of the deceased. Similarly, there is

inconsistency in the statement of the witnesses as one witness claimed that

the demand of money was for purchase of bungalow whereas the other

witnesses claimed for purchase of bungalow as well as a car. Similarly,

there is inconsistency with regard to the manner in which the deceased

was taken by the accused from the parental home. All these facts

necessitated for the examination of independent witnesses in order to

accept the case of the prosecution. The prosecution has not examined any

neighbor who would have been the best witnesses to depose about

S.S.Kilaje 71- Cri.Appeal-118-2000.doc

harassment being caused by the accused to the deceased. Pertinently, Mr.

Kamble who was holding the post of Deputy Collector and a close

acquaintance of the informant and who was also present in the police

station, was also not examined by the prosecution.

12. The evidence led by the prosecution therefore not being conclusive

in nature is not sufficient to hold that the accused used to demand money

for the purchase of bungalow and car and on that count it was the

harassment to the deceased. Apart from this, it is pertinent to note that

there is no specific evidence as to the nature of harassment caused to the

deceased. As held by the Hon'ble Supreme court in the case of Prakash

and Others (supra) the instigation or incitement of suicide is being closed

proximity to the commission of suicide and that such instigation should

reveal a clear mens rea to abet the commission of suicide. Similarly there

should be evidence of such a nature which would indicate that the

harassment or incitement was of such a gravity that the deceased was left

no other option but to commit suicide. There is no evidence to hold so.

13. Having regard to the aforestated facts the judgment of conviction

cannot sustain, as such the accused deserves to be acquitted. Appeal is

allowed. Judgment and order is set aside. Accused stands acquitted of the

charges. Fine amount paid, if any, be refunded to the accused.

(R. M. JOSHI, J.)