Criminal Appeal No. 669 of 1993. Case: Bhagirathibai Surji Bhanushali and others Vs State of Maharashtra. High Court of Bombay (India)
| Case Number | Criminal Appeal No. 669 of 1993 |
| Counsel | For Appellants: A. P. Mundargi, Adv. and For Respondent: R. Y. Mirza (APP). |
| Judges | V. Sahai, J. and T. K. C. Das, J. |
| Issue | Indian Penal Code (45 of 1860) - Sections 304B, 306, 498A; Criminal Procedure Code (2 of 1974) - Section 154 |
| Citation | 1998 CriLJ 2209 |
| Judgement Date | October 07, 1997 |
| Court | High Court of Bombay (India) |
Judgment:
Vishnu Sahai, J.
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Through this appeal, the appellants have challenged the Judgment and Order dated 30-11-1993, passed by the Additional Sessions Judge, Greater Bombay, in Sessions Case No. 182 of 1997, whereby they have been convicted and sentenced in the manner stated hereinafter:-
(i) Under Section 304-B r/w 34, IPC to 7 years' R.I. and to pay a fine of Rs. 1000/- i.d. R.I. for 2 months.
(ii) Under Section 306 r/w 34, IPC to 3 years' R.I. and to pay a fine of Rs. 1000/- i.d. R.I. for 2 months.
(iii) Under Section 498-A, IPC r/w 34, IPC to 3 years' R.I. and to pay a fine of Rs. 1000/- i.d. R.I. for 2 months.
Their substantive sentences were ordered to run concurrently.
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In short, the prosecution case is as under:-
The appellants Shambhulal Bhanushali and Himmatlal Bhanushali are real brothers. The appellant-Smt. Bhagirathibai Bhanushali is their mother. At the time of the incident, they were living in Bhanushali House, IIT Bazar Gate, Bombay-76.
The deceased Dhanvanti was the daughter of Mithabai Bhanushali, PW 3 and Valji Bhanushali.
Prior to her marriage, she along with her parents and brother Kantilal PW 1 used to live in Ratandeep Colony, Shastri Nagar, Bhandup, Bombay. Her brother Laxmidas, PW 2 used to reside in Jaliyan Apartments, Gupta Road, Dombivli (W) in the District of Thane.
On 17-5-1984, Dhanvanti was married to Shambhulal Bhanushali at Ghatkopar. At the time of the marriage, gold ornaments were demanded by the appellants and Surji Bhanushali, father of Shambhulal and Himmatlal and husband of Smt. Bhagirathibai. They were given by Dhanvanti's parents. After the marriage, Dhanvanti started living with the appellants, at Bhanushali House, IIT Bazar Gate, Bombay-76. For one year, she was treated properly. Thereafter she gave birth to a daughter and the appellants and Surji Bhanushali started abusing and beating her. The appellants asked her to get a steel Almirah from her parents and warned her that if the said demand was not fulfilled, she would be killed. Two months, thereafter the appellants started asking her to get a gold ear-chain from her parents. From the evidence, it transpires that this was told by Dhanvanti to her brother Kantilal, PW 1 and Laxmidas PW 2 and her mother Mithabai, PW 3 when she met them. Evidence of Kantilal and Laxmidas is that Dhanvanti told them that the appellants were demanding gold ear-chain and were harassing and beating her to ensure that the said demand was met.
Thereafter, the appellants are said to have made a monetary demand of Rs. 50,000/-. They asked Dhanvanti to get the said amount from her parents, Kantilal and others. Evidence of Kantilal and Mithabai is that Dhanvanti told them that in case the said demand was not fulfilled, they would kill her. Kantilal and others decided to fulfil the monetary demand to the tune of Rupees 20,000/-. It is said that Dhanvanti's father told the appellants that they were ready to pay Rupees 20,000/-. It is alleged that on Rakshabandan day, the appellants did not allow Dhanvanti to visit her parent's house.
Evidence of Kantilal and Mithabai is that they received a message that Dhanvanti was admitted in Rajawadi Hospital and that of informant Laxmidas is that at about 10 p.m. he received a message from his father that Dhanvanti was admitted in Hospital. Accordingly, Kantilal and Laxmidas and Mithabai went to Rajawadi Hospital where they saw her dead body which was smelling of baygon spray. They found that froth was coming out from Dhanvanti's mouth.
Evidence of Mithabai is that when she enquired from the appellant-Shambhulal, as to how Dhanvanti had died, he replied that she had died of her own sinful act (paap se mar gayi).
2A. How Dhanvanti died is clear from the evidence of Surji Bhanshali, DW 1, the husband of appellant - Bhagirathibai and the father of appellants-Shambhulal and Himmatlal. From his evidence, it transpires that on 30-8-1986, at about 7 p.m. his wife (appellant-Smt. Bhagirathibai Surji Bhanushali) came to his shop and told him that Dhanvanti had consumed some medicine and was not talking and hence, he should immediately come to the house. Accordingly, Surji Bhanushali went home, saw Dhanvanti and called Dr. Gandhi PW 4. Evidence of Dr. Gandhi shows that between 7/7.30 p.m. one Eknath Ghosalkar, came and informed his compounder that he had to make an emergency visit. Accordingly, Dr. Gandhi went to the house of Surji Bhanushali near IIT and saw that Dhanvanti was in an unconscious condition and hence, advised that she be taken to Rajawadi Hospital at the earliest. Accordingly, Surji Bhanushali, appellant Shambhulal and Eknath Ghosalkar, took Dhanvanti to Rajawadi Hospital, where she was declared dead before admission. Evidence is that thereafter Surji Bhanushali gave information to Dhanvanti's family members on phone.
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The FIR of the incident was lodged by Laxmidas, PW 2 at 8.30 a.m. on 31-8-1986, at Police Station, Sakinaka. In the said FIR, allegations of demand made by the appellants, and the cruelty meted out to Dhanvanti have been mentioned. On the basis of the FIR, a case under Sections 498-A, 306, and 114-A, I.P.C. was registered against the appellants.
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The post-mortem examination of the corpse of Dhanvanti was conducted by Dr. Prabhakar Bhave, PW 5. The history given to Dr. Bhave was suicidal poison by baygon spray. Dr. Bhave found that face was pale...
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