Bombay High Court
Sau Ramabai Govindrao Donode vs State Of Mah.Thr.Pso Amravati on 3 July, 2019
Bench: V.M. Deshpande
Judgment

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                                     1

      IN THE HIGH COURT OF JUDICATURE AT BOMBAY,
                 NAGPUR BENCH, NAGPUR

                  CRIMINAL APPEAL NO.589 OF 2005

Sau.Ramabai Govindrao Donode,
Aged 48 years, Occupation : Housewife,
R/o Talegaon Dashashar, Tahsil Dhamangaon
Railway, District Amravati.            ..... Appellant.

                                :: VERSUS ::

State of Maharashtra,
Through its Police Station Officer,
Talegaon Dashashar,
Tahsil Dhamangaon Railway,
District Amravati.                    ..... Respondent.
===================================
None for the Appellant.
Shri P.S.Tembhare, Additional Public Prosecutor for the
Respondent/State.
===================================
                      CORAM : V.M.DESHPANDE, J.
                      DATE        : JULY 3, 2019.

ORAL JUDGMENT

1.             When the present appeal was taken up for its final

hearing, learned counsel Shri N.B.Bargat for the appellant chose

not to remain present before the Court. Learned Additional Public

Prosecutor Shri P.S.Tembhare appeared for the respondent/State.


2.             By the present appeal, appellant (accused No.2) is


                                                                     .....2/-



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challenging judgment and order of conviction dated 22.8.2005

passed by learned 6th Ad hoc Additional Sessions Judge, Amravati

in Sessions Trial No.121/2004.


3.             By the impugned judgment and order of conviction,

learned Judge of the Court below convicted accused No.2 for

offence under Section 498-A read with Section 34 of the Indian

Penal Code and directed to suffer rigorous imprisonment for 2

years and to pay a fine of Rs.500/- and in default of payment of the

fine amount to suffer further rigorous imprisonment for two

months.


4.             Though learned counsel Shri N.B.Bargat for the

appellant is absent, with able assistance of learned Additional

Public Prosecutor Shri P.S.Tembhare for the respondent/State, I

have gone through entire record and proceedings of the case.


5.             In Sessions Trial 121/2004, charge was framed against

3 accused persons and they are, accused No.1-Gajanan Govindrao

Donode; accused No.2-Sau.Ramabai Govindrao Donode, and

accused No.3-Vijay Govindrao Donode, for offences under Sections

                                                                     .....3/-



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306 and 498A read with Section 34 of the Indian Penal Code.

Before the Trial Court, the prosecution examined its in all 8

witnesses. Though learned Judge of the Court below acquitted all

the accused persons of offences under Section 306 read with

Section 34 of the Indian Penal Code and also accused No.3 of

offence under Section 498-A read with Section 34 of the Indian

Penal Code, convicted accused No.2, the present appellant, and

accused No.1, the son of the appellant, for offence under Section

498-A read with Section 34 of the Indian Penal Code.


6.             The present appeal was filed by original accused No.2-Ramabai

alone. No appeal was preferred by accused No.1-Gajanan. It is reported to this

Court by learned Additional Public Prosecutor that Gajanan is no more.


7.             On 15.6.2004, Head Constable Pralhad Uttamrao

Wankhade (PW6) was attached to Talegaon Police Station. When

he was on duty, accused No.3-Vijay came to the police station and

lodged his report (Exhibit 39). It was reported that on 14.6.2004

at about 9:00 or 9:30 at night, when he was present in his house,

his brother, accused No.1-Gajanan, came home under influence of


                                                                           .....4/-



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liquor and asked his wife Varsha, the deceased, to open door.

However, since he was under influence of liquor, door was not

open. He, therefore, bang it. Ultimately, Varsha opened door and,

thereafter, she was assaulted by accused No.1-Gajanan. Therefore,

Varsha ran away towards a well and jumped into the same.

Against Gajanan, offence under Section 306 of the Indian Penal

was registered vide Crime No.40/2004. Printed First Information

Report is at Exhibit 40.        Head Constable Pralhad Wankhade

handed over investigation to Police Sub Inspector Deepak Devidas

Khandare.


8.             Police Sub Inspector Deepak Khandare, examined as

PW8, conducted entire investigation and filed chargesheet.


9.             Since accused No.2 was acquitted of offence under

Section 306 read with Section 34 of the Indian Penal Code, this

Court is not discussing the prosecution case and evidence in that

behalf.


10.            Marriage between Varsha, the deceased, and Gajanan,

accused No.1, took placed on 18.3.2000. According to evidence of

                                                                    .....5/-



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prosecution witnesses Kalawatibai (PW1); Deepak (PW2), and

Chandal (PW3), mother, brother and close relative of Varsha

respectively, allegations against accused No.2 in respect of ill-

treatment are most general in nature.        Evidence of Kalawatibai

shows that in fact there was dispute between accused No.2 and her

two sons. Evidence of Kampala Kathiawar (PW7), neighbor of the

accused persons, shows that partition took place between brothers

Gajanan and Vijay, accused No.3 and Gajanan was residing with

Varsha in a portion alloted to his share.       Evidence of the said

witness, before he was declared hostile, shows that relation

between accused No.2 and Varsha were cordial in nature. Though

Saar Shelden (PW4) is a child witness, from his evidence it is clear

that on the date of the incident there was no cruelty at the hands

of accused No.2.


11.            Looking to fact that no prior report was lodged against

accused No.2-Ramabai, the appellant, either by Varsha, the

deceased, or by her mother and brother in respect of alleged ill-

treatment practiced upon Varsha at the hands of accused No.2 and

looking to the general nature of accusations as per the evidence of

                                                                      .....6/-



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the prosecution witnesses, in my view, benefit of doubt is required

to be granted in favour of the appellant.      Consequently, I pass

following order:


                                 ORDER

(i) The criminal appeal is allowed.

(ii) The judgment and order of conviction dated 22.8.2005 passed by learned 6th Ad hoc Additional Sessions Judge, Amravati in Sessions Trial No.121/2004 is hereby quashed and set aside.

(iii) The appellant is acquitted of offence under Section 498-A read with Section 34 of the Indian Penal Code.

(iv) Bail Bonds of the appellant stands cancelled as the appellant is on bail.

JUDGE !! BRW !! …../-

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