June 26, 2019:
Supreme Court has rejected the appeal filed by a husband against his conviction for murder of wife while taking into consideration that wife died due to the unfortunate incident within 2 months of the marriage.
A bench of Justice Khanna and Justice Gavai has passed the Order in the case titled as TATYASAHEB LIMBRAJ PATIL vs THE STATE OF MAHARASHTRA on 25.06.2019.
The incident of murder has taken place on 26-4-2003 at Barshi, District Solapur in the morning at 6.30 to 7.00 a.m. Victim Renuka Tatyasaheb Patil was the wife of the Appellant. The Appellant and the Victim got married on 6-2-2003, hardly 2 1/2 months prior to the incident. At the time of marriage two tolas of gold, some utensils and an amount of Rs.50,000/- by way of dowry was given to the Appellant. As per the case of the prosecution, the Appellant and the victim had a smooth married life just for one month, but thereafter a demand of Rs.1 lac was made by the Appellant and the said demand of Rs.1 lac could not be 2 app-524-04.sxw fulfilled by the father P.W.-1 of the victim or her relatives. Deceased Renuka had complained to her father P.W.-1 and brother P.W.-6 about the demand of Rs.1 lac made by her husband. Immediately, after the marriage, on the festival of Gudipadwa, she had visited her maiden home and at that time she voiced about the said demand. Thereafter telephonically she has communicated about the harassment and assault at the hands of the Appellant, to her brother. On 26-4-2003, the victim's father was informed on telephone about the death of his daughter, therefore, he along with his relatives and some villagers rushed to the house of his daughter where they found that she was burnt and was dead. P.W.1- the father of the Victim lodged an FIR.
Husband was convicted by the Sessions Judge and his conviction was upheld by the High Court wherein accused was to suffer a life time jail. He then approached the Supreme Court through SLP which was allowed and husband was admitted on bail. Appeal finally came up for hearing in the Supreme Court on 25.06.2019.
Supreme Court observed and held "We have heard the learned counsel for the appellant but are not inclined to interfere with the impugned judgment, as there is substantial material to show that the deceased Reshma had died due to Asphyxia as a result of throttling and had thereafter (post her death) suffered burn injuries. The appellant was present in the house at thattime and this fact is not disputed".
Supreme Court further observed and held "The appellant has also been rightly convicted under Section 498A and Section 201 of the Indian Penal Code. Marriage between the appellant and Reshma was solemnized on 06.02.2003 and the date of occurrence when Reshma died as a result of Asphyxia due to throttling, is 26.04.2003. There is evidence on record to show that the appellant had demanded dowry and had treated Reshma cruelly".
Supreme Court then dismissed the appeal.
Read the Order here:
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