CRIMINAL APPEAL NO.285 OF 2013

High Court: Bombay High Court Bench: AURANGABAD
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Case Note & Summary

The case arises out of the death of Surekha, wife of appellant Gunwant @ Dhudaku Trymbak Patil, and the appellant's subsequent attempt to commit suicide. The prosecution alleged that after the marriage on 30th April 2011, the appellant and his family members subjected Surekha to cruelty and harassment in connection with a demand for dowry of Rs.1 lakh for purchasing a room at Pune. Surekha's father, Pandurang Narayan Patil, lodged a complaint on 16th June 2011, stating that the accused had ill-treated Surekha and, after a prior incident where she was taken back to her parental home, she was again sent with the accused on 13th June 2011 on their assurance of good behavior. On 16th June 2011, at around 2.00-2.30 a.m., the complainant was informed that Surekha had died. He found her body on the veranda of the accused's house with injuries on neck, abdomen, and leg caused by a sharp weapon. The appellant was found with self-inflicted injuries and was admitted to hospital. The trial court, vide common judgment dated 15th July 2013 in Sessions Case No.28 of 2011 and Sessions Case No.51 of 2012, convicted the appellant under Section 302 IPC for murder and under Section 309 IPC for attempt to commit suicide, sentencing him to life imprisonment and simple imprisonment for six months respectively, with sentences to run concurrently. Co-accused were acquitted. The appellant filed two criminal appeals before the High Court of Bombay at Aurangabad. The High Court heard the appeals and reserved judgment on 13th July 2017, later pronouncing judgment on 3rd August 2017. The extract provided ends before the court's analysis and decision. Therefore, the legal issues, arguments, and the High Court's reasoning and final decision are not available from the text.

Issue of Consideration

Whether the trial court correctly convicted the appellant under Sections 302 and 309 of the Indian Penal Code.

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Case Details

2017 LawText (BOM) (08) 33

Criminal Appeal No.285 of 2013 and Criminal Appeal No.286 of 2013

2017-08-03

S.S. Shinde, S.M. Gavhane

G.V. Wani, V.M. Kagne

Gunwant @ Dhudaku Trymbak Patil

The State of Maharashtra

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Nature of Litigation

Criminal appeal against conviction and sentence for murder and attempted suicide.

Remedy Sought

Appellant seeking to set aside the trial court's judgment and order of conviction and sentence.

Filing Reason

Trial court convicted appellant under Sections 302 and 309 IPC; appellant challenges the correctness of the conviction.

Previous Decisions

Additional Sessions Judge, Amalner convicted appellant under Section 302 IPC to life imprisonment and fine of Rs. 5000, and under Section 309 IPC to simple imprisonment for six months, with sentences to run concurrently, and acquitted co-accused.

Issues

Whether the trial court's conviction of the appellant under Section 302 IPC is sustainable on the evidence? Whether the trial court's conviction of the appellant under Section 309 IPC is sustainable on the evidence?

Judgment Excerpts

On 16th June, 2011 at 9.30 a.m. PW1 Pandurang Narayan Patil, father of deceased Surekha, lodged complaint in Parola Police Station. He saw deceased Surekha lying on the Ota, i.e. veranda of the house having injuries on her neck, abdomen, and leg caused by sharp edged weapon.

Procedural History

The trial court convicted the appellant on 15th July 2013. The appellant filed Criminal Appeal No.285 of 2013 and No.286 of 2013 in the High Court. The High Court heard the appeals and reserved judgment on 13th July 2017, and pronounced judgment on 3rd August 2017.

Acts & Sections

  • Indian Penal Code: 302, 304B, 498A, 323, 504, 506, 34, 309
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High Court CRIMINAL APPEAL NO.285 OF 2013