{"id":33464,"date":"2009-02-12T00:00:00","date_gmt":"2009-02-11T18:30:00","guid":{"rendered":"https:\/\/www.legalindia.com\/judgments\/milind-bhagwanrao-godse-vs-state-of-maharashtra-anr-on-12-february-2009"},"modified":"2015-05-04T18:54:00","modified_gmt":"2015-05-04T13:24:00","slug":"milind-bhagwanrao-godse-vs-state-of-maharashtra-anr-on-12-february-2009","status":"publish","type":"post","link":"https:\/\/www.legalindia.com\/judgments\/milind-bhagwanrao-godse-vs-state-of-maharashtra-anr-on-12-february-2009","title":{"rendered":"Milind Bhagwanrao Godse vs State Of Maharashtra & Anr on 12 February, 2009"},"content":{"rendered":"
Supreme Court of India<\/div>\n
Milind Bhagwanrao Godse vs State Of Maharashtra & Anr on 12 February, 2009<\/div>\n
Author: D Bhandari<\/div>\n
Bench: Dalveer Bhandari, Harjit Singh Bedi<\/div>\n
                                                         REPORTABLE\n\n\n\n            IN THE SUPREME COURT OF INDIA\n\n           CRIMINAL APPELLATE JURISDICTION\n\n            CRIMINAL APPEAL NO 891 OF 2001\n\n\n\nMilind Bhagwanrao Godse                      .. Appellant\n\n          Versus\n\nState of Maharashtra & Another               .. Respondents\n\n\n\n\n                       JUDGMENT\n<\/pre>\n
Dalveer Bhandari, J.\n<\/p>\n
1.   This appeal is directed against the judgment of the High<\/p>\n
Court of Judicature of Bombay, Bench at Aurangabad in<\/p>\n
Criminal Appeal No. 187 of 1991 dated 09.03.2001.           The<\/p>\n
appellant (original accused no. 1) and his parents (original<\/p>\n
accused nos. 2 and 3) were alleged to have committed offences<\/p>\n
punishable under sections 498A, 306 and 109 read with
\n                                                            2<\/span><\/p>\n
section 34 of the Indian Penal Code (for short `IPC’).          The<\/p>\n
learned IInd Additional Sessions Judge, Beed convicted the<\/p>\n
appellant   under   section   498A   IPC    to   suffer   rigorous<\/p>\n
imprisonment for one year and to pay a fine of Rs.2,500\/-, in<\/p>\n
default whereof to suffer further rigorous imprisonment for six<\/p>\n
months. The appellant was also convicted under section 306<\/p>\n
IPC to suffer rigorous imprisonment for three years and to pay<\/p>\n
a fine of Rs.5,000\/-, in default whereof to suffer further<\/p>\n
rigorous imprisonment for six months.      Original accused nos.<\/p>\n
2 and 3 were, however, acquitted by the learned IInd<\/p>\n
Additional Sessions Judge, Beed.\n<\/p>\n<\/p>\n
2.   Brief facts which are necessary to dispose of the appeal<\/p>\n
are recapitulated as under:\n<\/p>\n
     The appellant was married to the deceased Lata on<\/p>\n
9.11.1987. The deceased was a highly qualified woman. She<\/p>\n
had obtained distinction in Masters of Science (M.Sc.).         She<\/p>\n
secured second position in the Marathwada University in the<\/p>\n
Diploma in Business Management.         She had also passed<\/p>\n
Diploma in Higher Education.       She was doing Bachelor of
\n                                                         3<\/span><\/p>\n
Education (B.Ed.) at the time of commission of the offence.<\/p>\n
She was serving as a Lecturer in Balbhim College at Beed.<\/p>\n
3.   The deceased Lata after marriage resided with the<\/p>\n
appellant. The appellant was living in a joint family with his<\/p>\n
parents. It was not a happy marriage from its very inception.<\/p>\n
There was constant taunting leading to mental cruelty to the<\/p>\n
deceased by the appellant and his parents.<\/p>\n
4.   The deceased visited her parents at Pandharpur in<\/p>\n
January 1988.     She disclosed to her parents that she was<\/p>\n
constantly subjected to humiliation.      The deceased again<\/p>\n
visited her parents in May 1988. She again disclosed to her<\/p>\n
parents that the appellant and his parents used to subject her<\/p>\n
to extreme mental cruelty and torture.    She complained that<\/p>\n
the appellant asked her not to spend her salary, otherwise he<\/p>\n
would divorce her.\n<\/p>\n<\/p>\n
5.   She also disclosed to her parents that the appellant used<\/p>\n
to tell her that a number of beautiful girls were after him. She<\/p>\n
also complained that the appellant and her father-in-law used<\/p>\n
to demand the salary from her and on refusal, both of them<\/p>\n
used to frequently ask her to leave the house.     She further
\n                                                        4<\/span><\/p>\n
told her parents that her mother-in-law dispensed with the<\/p>\n
services of maid servants and compelled her to do all that<\/p>\n
domestic work.\n<\/p>\n<\/p>\n
6.   She again visited at Pandharpur on third occasion for the<\/p>\n
purpose of delivery in July 1988.   She was there from July<\/p>\n
1988 to October 1988.       She delivered a baby boy.       The<\/p>\n
appellant and the deceased took a residential quarter on rent<\/p>\n
and stayed there for three weeks.   However, they vacated the<\/p>\n
rental premises and started residing separately on the first<\/p>\n
floor of the ancestral house. The deceased was brought back<\/p>\n
to the ancestral house against her wishes.<\/p>\n
7.   It is an admitted position that the appellant was a junior<\/p>\n
lawyer and not settled in practice. He used to constantly<\/p>\n
demand money from the deceased. The appellant used to give<\/p>\n
her threats of divorcing her even in case of slight delay in<\/p>\n
withdrawing money from the bank to be given to the<\/p>\n
appellant. According to the statements of Vidhya P.W.7 and<\/p>\n
Vasant P.W.8, sister and father of the deceased respectively,<\/p>\n
and Exh. 46, it is abundantly clear that the appellant
\n                                                          5<\/span><\/p>\n
constantly used to give threats of divorce. This led to extreme<\/p>\n
mental torture to the deceased.\n<\/p>\n<\/p>\n
8.   There was a family function Jawal ceremony (first head-<\/p>\n
shaving ceremony of child) in August 1989 at the house of the<\/p>\n
appellant. All guests including the parents and sisters of the<\/p>\n
deceased were invited for the ceremony.         The parents and<\/p>\n
sisters of the deceased noticed ill treatment meted out by the<\/p>\n
appellant to the deceased on account of shortage of vegetable.<\/p>\n
The appellant had humiliated and insulted the deceased in<\/p>\n
presence of all guests and announced that he would take<\/p>\n
decision to divorce her in that very month.<\/p>\n
9.   On 9.10.1989 at about 6:15 p.m., Vasant P.W.8, father of<\/p>\n
the deceased, received a telegram to the effect “Lata burnt<\/p>\n
seriously.   Do not come with Rohit for his insecurity”.      The<\/p>\n
telegram was signed by one Dodsay.            In response to the<\/p>\n
telegram, the parents of the deceased rushed to Beed. They<\/p>\n
reached Beed at 2.15 a.m. on 10.10.1989.           They saw the<\/p>\n
completely burnt dead body of the deceased in the hospital.
\n                                                         6<\/span><\/p>\n
10.   The deceased, because of constant mental torture caused<\/p>\n
by the appellant, decided to put an end to her life. On<\/p>\n
9.10.1989 at about 2.30 p.m. at Dhondipura, Beed, the<\/p>\n
deceased committed suicide by setting herself on fire.<\/p>\n
11.   One unknown boy informed Vidhya P.W.7 that the<\/p>\n
deceased had visited the post office at 1 p.m. on 9.10.1989.<\/p>\n
Vidhya P.W.7 went to the post office and made enquiry. It was<\/p>\n
found that the deceased herself had sent telegrams Exhs. 35<\/p>\n
to 37 to her father Vasant P.W.8, to her sister Vidhya P.W.7<\/p>\n
and to her parental uncle at Kolhapur. Vasant P.W.8 went to<\/p>\n
the police station and lodged the first information report Exh.<\/p>\n
50 on 10.10.1989 at 4.00 p.m.       On the basis of the first<\/p>\n
information report, Crime No. 313 of 1989 was registered<\/p>\n
under sections 498A and 306 read with section 34 of the<\/p>\n
Indian Penal Code.\n<\/p>\n<\/p>\n
12.   The Investigating Officer prepared inquest panchnamma<\/p>\n
Exh. 16 of the dead body of the deceased on 10.10.1989.      He<\/p>\n
prepared spot panchnamma Exh. 29.          The deceased had<\/p>\n
committed suicide in the kitchen.    The Investigating Officer<\/p>\n
sent the dead body for autopsy.    The autopsy was performed
\n                                                           7<\/span><\/p>\n
on the dead body of the deceased on 10.10.1989.                The<\/p>\n
deceased had 100% burns. The charge sheet was submitted<\/p>\n
against the appellant and his parents in the Court of Chief<\/p>\n
Judicial   Magistrate,   Beed.    The   learned   Chief   Judicial<\/p>\n
Magistrate, Beed committed the original accused to the<\/p>\n
Sessions Court, Beed to stand their trial.<\/p>\n
13.   The prosecution examined 11 witnesses in order to prove<\/p>\n
the guilt of the accused.        Sushma P.W.6 is the next-door<\/p>\n
neighbour.    Vidhya P.W.7 and Vasant P.W.8 are the sister<\/p>\n
and father of the deceased respectively.\n<\/p>\n<\/p>\n
14.   The defence of the appellant is that the deceased was a<\/p>\n
highly educated woman. She was over ambitious. She wanted<\/p>\n
all the luxuries of life. However, the appellant was a junior<\/p>\n
lawyer and not settled in the practice of law. His income was<\/p>\n
too meager to fulfill the dreams of the deceased. The appellant<\/p>\n
admitted that he was demanding money from the deceased for<\/p>\n
the purpose of their maintenance and not for bad vices. As<\/p>\n
per the appellant, the deceased was frustrated in life because
\n                                                         8<\/span><\/p>\n
her dreams were not fulfilled and ultimately she had<\/p>\n
committed suicide.\n<\/p>\n<\/p>\n
15.   In the instant case, the first information report was<\/p>\n
lodged by Vasant P.W.8 which fully stands corroborated to the<\/p>\n
prosecution case.      In his statement, he stated that the<\/p>\n
appellant was constantly demanding money from the deceased<\/p>\n
and he also prohibited the deceased from spending money<\/p>\n
even from her salary and used to threaten her to divorce her.<\/p>\n
Vasant P.W.8 further stated in his statement that the<\/p>\n
appellant used to continuously demand money and in case of<\/p>\n
delay in payment, he used to scold her. Vasant P.W.8 stated<\/p>\n
that at the time of Jawal ceremony in 1989, the appellant<\/p>\n
scolded the deceased because of shortage of vegetable and<\/p>\n
food in the presence of everyone.     Vasant P.W.8 also stated<\/p>\n
about letter Exh.46 and identified the writing of the deceased.<\/p>\n
16.   Exh. 46 is a letter written by the deceased to her parents<\/p>\n
on 9.10.1989, just before she had committed suicide.         The<\/p>\n
deceased wrote in the letter that she was an unlucky girl.<\/p>\n
She   thought   that   she   would   have   some   moments    of
\n                                                        9<\/span><\/p>\n
happiness, but it was not possible because of the nature of<\/p>\n
her husband (the appellant herein). She mentioned that on<\/p>\n
the last day and night, the appellant had quarrelled with her<\/p>\n
and in the morning the appellant cursed the father of the<\/p>\n
deceased.   She stated that the appellant had gone to the<\/p>\n
extent of saying that since she was so proud of the influence<\/p>\n
of her father, she should live with her father in matrimony and<\/p>\n
also said many things of that sort.     She specifically stated<\/p>\n
that the appellant had harassed her so much that it would not<\/p>\n
be possible for her to live with him any more.     She further<\/p>\n
stated in the letter that it is one thing of not earning money<\/p>\n
and another to frequently dishonour and to give trouble to the<\/p>\n
deceased and her son Rohit.\n<\/p>\n<\/p>\n
17.   She stated in the letter that the appellant deliberately<\/p>\n
twisted the leg of Rohit (his small son) and broke his bone.<\/p>\n
She also stated in the letter that the appellant did so because<\/p>\n
he had a brother Arvind who was physically handicapped and<\/p>\n
he wanted Rohit to be like Arvind and also because the<\/p>\n
deceased loved her son Rohit intensely.     She stated in the<\/p>\n
letter that the appellant had unusual attraction towards other
\n                                                       10<\/span><\/p>\n
girls, particularly towards deceased’s sister Asha, Sushma,<\/p>\n
Sandhya, sister of Charuhas, wife of Anil Pangrikar.     The<\/p>\n
deceased wrote in the letter that the appellant, in order to<\/p>\n
torture and mentally harass her, used to say that these girls<\/p>\n
had good physical figures and looked beautiful. The deceased<\/p>\n
also stated in the letter that the appellant used to say that<\/p>\n
there would be a row of girls now for marriage with him.<\/p>\n
These comments led to severe mental torture.<\/p>\n
18.   She requested her parents to take care of her minor son<\/p>\n
Rohit and wanted that there should not be a shadow of the<\/p>\n
appellant on Rohit.\n<\/p>\n<\/p>\n
19.   This letter is indeed very emotional and was written in<\/p>\n
extreme distressing mental condition.     This letter clearly<\/p>\n
demonstrates that the deceased was so much mentally<\/p>\n
tortured by the appellant that she had decided to put an end<\/p>\n
to her life.\n<\/p>\n<\/p>\n
20.   The accused persons were tried for offences punishable<\/p>\n
under sections 498A and 306 IPC.          The learned IInd
\n                                                        11<\/span><\/p>\n
Additional Sessions Judge, Beed relied on the evidence of<\/p>\n
Sushma P.W.6 (neighbour), Vidhya P.W.7 (sister) and Vasant<\/p>\n
P.W.8 (father) of the deceased respectively.     After careful<\/p>\n
scrutiny of the entire evidence, the learned IInd Additional<\/p>\n
Sessions Judge acquitted accused nos. 2 and 3, but convicted<\/p>\n
accused no. 1 under section 498A IPC and sentenced him to<\/p>\n
suffer rigorous imprisonment for one year and to pay a fine of<\/p>\n
Rs.2,500\/-, in default of payment to fine to further undergo<\/p>\n
rigorous imprisonment for six months. The appellant was also<\/p>\n
convicted under section 306 IPC and was sentenced to three<\/p>\n
years’ rigorous imprisonment and was also directed to pay a<\/p>\n
fine of Rs.5,000\/-, in default of which to further undergo<\/p>\n
rigorous imprisonment for six months.\n<\/p>\n<\/p>\n
21.   The appellant, aggrieved by the judgment of the learned<\/p>\n
IInd Additional Sessions Judge, Beed, preferred an appeal<\/p>\n
before the High Court of Bombay at Aurangabad Bench.      The<\/p>\n
High Court correctly analyzed the entire evidence on record<\/p>\n
and came to a clear finding that the prosecution has<\/p>\n
established the guilt of the appellant beyond reasonable<\/p>\n
doubt. The appeal filed by the appellant was dismissed and
\n                                                                12<\/span><\/p>\n
the order of conviction and sentence passed by the Learned<\/p>\n
IInd Additional Sessions Judge, Beed was confirmed.                 The<\/p>\n
appellant, aggrieved by the judgment of the High Court,<\/p>\n
preferred this appeal.\n<\/p>\n<\/p>\n
22.   The   concurrent     findings   were     found    against      the<\/p>\n
appellant, however, in the interest of justice, we again<\/p>\n
carefully examined the entire evidence and documents on<\/p>\n
record. The evidence of Sushma P.W.6 (neighbour of the<\/p>\n
deceased), Vidhya P.W.7 (sister of the deceased) and Vasant<\/p>\n
P.W.8 (father of the deceased) clearly lead to the only<\/p>\n
conclusion that this was a case of extreme mental cruelty<\/p>\n
which was perpetuated from the point of marriage and lasted<\/p>\n
till the deceased had committed suicide. There cannot be any<\/p>\n
iota of doubt that the extreme mental cruelty and torture<\/p>\n
compelled the deceased to put an end to her life.                   The<\/p>\n
appellant   was   wholly    responsible      for   creating   all    the<\/p>\n
circumstances which led the deceased to take an extreme step<\/p>\n
of putting an end to her life.\n<\/p>\n
                                                            13<\/span><\/p>\n
23.   Exh. 46, the letter written by the deceased to her parents<\/p>\n
on 9.10.1989 immediately before she had committed suicide,<\/p>\n
gives graphic description of the number of instances of<\/p>\n
extreme mental torture, day in and day out. This letter gives<\/p>\n
the impression that the appellant was deriving sadistic<\/p>\n
pleasure in causing extreme mental torture to the deceased.<\/p>\n
He would leave no stone unturned to ensure that the<\/p>\n
maximum mental torture and agony is caused to the<\/p>\n
deceased.     We do not find the slightest doubt that the<\/p>\n
circumstances which have been enumerated in Exh. 46 and<\/p>\n
the testimony of P.Ws. 6, 7 and 8 lead to a situation where the<\/p>\n
deceased virtually was left with no option except to take an<\/p>\n
extreme step of putting an end to her life.\n<\/p>\n<\/p>\n
24.   In our considered view, the learned IInd Additional<\/p>\n
Sessions Judge and the learned Judge of the High Court<\/p>\n
correctly evaluated the entire evidence on record and arrived<\/p>\n
at correct conclusion.     No interference is called for.    The<\/p>\n
appeal being devoid of any merit is accordingly dismissed.
\n                                                               14<\/span><\/p>\n
25.   Consequently, the bail bond of the appellant are<\/p>\n
cancelled. The appellant is directed to surrender forthwith to<\/p>\n
serve out the remaining sentence.\n<\/p>\n<\/p>\n
                                       ………………………….J.\n<\/p>\n
                                       (Dalveer Bhandari)<\/p>\n
                                       ………………………….J.\n<\/p>\n
                                       (Harjit Singh Bedi)
\nNew Delhi,
\nFebruary 12, 2009.<\/p>\n","protected":false},"excerpt":{"rendered":"
Supreme Court of India Milind Bhagwanrao Godse vs State Of Maharashtra & Anr on 12 February, 2009 Author: D Bhandari Bench: Dalveer Bhandari, Harjit Singh Bedi REPORTABLE IN THE SUPREME COURT OF INDIA CRIMINAL APPELLATE JURISDICTION CRIMINAL APPEAL NO 891 OF 2001 Milind Bhagwanrao Godse .. Appellant Versus State of Maharashtra & Another .. Respondents […]<\/p>\n","protected":false},"author":1,"featured_media":0,"comment_status":"open","ping_status":"open","sticky":false,"template":"","format":"standard","meta":{"_lmt_disableupdate":"","_lmt_disable":"","_jetpack_memberships_contains_paid_content":false,"footnotes":""},"categories":[30],"tags":[],"class_list":["post-33464","post","type-post","status-publish","format-standard","hentry","category-supreme-court-of-india"],"yoast_head":"\nMilind Bhagwanrao Godse vs State Of Maharashtra & Anr on 12 February, 2009 - Free Judgements of Supreme Court & High Court | Legal India<\/title>\n<meta name=\"robots\" content=\"index, follow, max-snippet:-1, max-image-preview:large, max-video-preview:-1\" \/>\n<link rel=\"canonical\" href=\"https:\/\/www.legalindia.com\/judgments\/milind-bhagwanrao-godse-vs-state-of-maharashtra-anr-on-12-february-2009\" \/>\n<meta property=\"og:locale\" content=\"en_US\" \/>\n<meta property=\"og:type\" content=\"article\" \/>\n<meta property=\"og:title\" content=\"Milind Bhagwanrao Godse vs State Of Maharashtra & Anr on 12 February, 2009 - 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