:1: IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE SIDE CRIMINAL APPELLATE SIDE CRIMINAL APPELLATE SIDE CRIMINAL APPEAL NO.453 OF 2008 CRIMINAL APPEAL NO.453 OF 2008 CRIMINAL APPEAL NO.453 OF 2008 Hanmant Ramchandra Holkar R/o. Irrigation Colony, Kolaki, Tal:Phaltan, Dist. Satara At present in Kolhapur Central Prison, Kalamba, Kolhapur 416 007 ...Appellant. v. The State of Maharashtra (Through Phaltan Police Station C.R.No..39/2007) ...Respondents. Mr.Milind Deshmukh , adv. for the Appellant. Mr.Y.M.Nakhawa, APP for the Respondent/State. CORAM: CORAM: CORAM: R.V.More,J. R.V.More,J. R.V.More,J. DATE: 24th March, 2009. DATE: 24th March, 2009. DATE: 24th March, 2009. ORAL JUDGMENT: ORAL JUDGMENT: ORAL JUDGMENT: 1. The appellant by the impugned judgment and order was convicted for the offences punishable under Sections 498-A of the Indian Penal Code (In short ’I.P.C.’) and sentenced to suffer R.I. for two years and to pay a fine of Rs.500/- in default to suffer further R.I. for one month. The appellant was further convicted for the offences punishable under Section 306 of I.P.C. and sentenced to suffer R.I. for five years and to pay a fine of Rs.500/- in default to suffer further R.I. for three months. :2: 2. Prosecution story in brief is as follows: . The appellant married with the deceased Sunanda about 20 years before the incident. Out of the said wedlock, the deceased Sunanda begotten five children namely, Vidya, Pravin, Akshay, Meena and Meenakshi. Vidya got married prior to the alleged incident and other four children were residing with the appellant and the deceased Sunanda. On 11.2.2007 at about 5 to 5.30 p.m., deceased Sunanda alongwith her children jumped into Neera Right canal of Banganga. The deceased Sunanda tied Pravin and Akshay around her waist and caught hands of the daughters Meena and Meenakshi while jumping. The said canal was full of water. Due to pressure of flow of water, daughters Meenakshi and Meena left the hands of the deceased Sunanda but somebody took out them from the canal. However, in the incident, deceased Sunanda and her two sons namely, Pravin and Akshay died due to drowning. The case of the prosecution is that the appellant subjected his deceased wife Sunanda to the illtreatment. It is further case of the prosecution that the accused was addicted to liquor and gambling and, therefore, he used to direct deceased Sunanda to bring money either from her parents or relatives and in the event of refusal, he used to beat her. 3. P.W.5 Ramdas Taware completed necessary :3: investigation and submitted charge-sheet in the Court of J.M.F.C., Phaltan. As out of offences alleged against the accused, the offence punishable under Section 306 of the I.P.C. being exclusively triable by the Court of Sessions, the case was committed to the Court of Sessions at Satara. 4. Charge was framed against the accused for the offences punishable under Sections 498-A, 323, 504, 506 and 306 of the I.P.C. It was explained to him in vernacular to which accused pleaded not guilty and claimed to be tried. His defence was that of denial simplicitor. 5. Prosecution in order to bring home the guilt of the accused, examined five witnesses, P.W.1 Kiran is the pancha to the spot panchanama, P.W.2 Yuvraj Natha Karche is brother of deceased Sunanda, P.W.3 Ramesh Dhumal is a neighbour, P.W.4 Meena is a survived daughter of the deceased Sunanda and P.W.5 Ramdas Taware is the Investigating Officer. 6. The learned Sessions Judge after appreciating the evidence on record led by the prosecution came to conclusion that offences under Sections 306 and 498A of the I.P.C. is proved against the appellant beyond any reasonable doubt and accordingly, sentenced him to suffer R.I. for 5 years and 2 years respectively. :4: 7. Mr.Deshmukh learned counsel appearing for the appellant at the outset submitted that there is enough evidence on record to establish the appellant’s complicity in an offence punishable under Section 306 and 498A of the I.P.C. and the appellant is rightly convicted. He further submitted that appellant does not want to press the appeal on merits, however, he requested for reduction of sentence. Mr.Deshmukh submitted that the appellant had already lost his wife and two sons. Out of two daughters, Meena is married and Meenakshi is staying with her maternal uncle. He also submitted that the appellant has to look after his mother aged about 85 years and there is nobody in the family except the appellant to look after her. Mr.Nakhawa the learned APP per contra submitted that looking in to the conduct of the appellant and the seriousness of the offence, the appellant was rightly convicted and sentenced by learned Sessions Judge. 8. In an unfortunate incident, deceased Sunanda alongwith her four children jumped in a canal. No doubt the prosecution has proved that the appellant ill-treated deceased Sunanda and, therefore, she took extreme step, however, it is apparent from the evidence that the deceased Sunanda out of frustration must have jumped alongwith four children. Two daughters have survived out of which one is already married. One :5: daughter has to be looked after. Appellant’s mother is also pretty old and there is nobody in the family to look after her. The appellant was arrested on the date of incident, i.e., on 11.2.2007 and till today he is in custody as he was not released on bail during the pendency of the trial. He is in custody for last two years. Taking overall view of the matter, in my opinion, this is a fit case where the sentence awarded by the learned Sessions Judge deserves to be reduced. In the facts and circumstances mentioned above, I dispose off the appeal by passing the following order: i. Appeal is partly allowed. ii. The appellant’s conviction under Sections 306 and 498A of the Indian Penal Code is confirmed. However, the sentences awarded by learned Sessions Judge for the offences punishable under Sections 306 and 498A, are reduced to the period already undergone. iii. Appellant be set at liberty forthwith, if not required in any other case. (R.V.MORE, J.) (R.V.MORE, J.) (R.V.MORE, J.)