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2015 DIGILAW 686 (BOM)

Sanjay Vitthal Pachaghare v. State of Maharashtra

2015-03-10

A.B.CHAUDHARI, P.N.DESHMUKH

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Judgment A.B. Chaudhari, J. 1. Being aggrieved by the judgment and order dated 7th January, 2002 passed by the learned Additional Sessions Judge, Amravati, by which the appellant-accused no.1-Sanjay Vitthal Pachaghare was convicted for the offence punishable under Section 302 of the Indian Penal Code and was sentenced to suffer Rigorous Imprisonment for life and to pay a fine of Rs. 1000/-, in default of payment of fine, to suffer further Rigorous Imprisonment for one month, the present appeal was filed by the appellant-accused in this Court. FACTS : 2. Briefly stated, the case of the prosecution is that the appellant-accused Sanjay married with Vandana, daughter of Kaniram Sonar, on 24th June,1991. Vandana was serving as a Teacher at village Benoda while the appellant was serving as a Teacher at Chandur Railway. Due to her employment, Vandana was residing at Benoda village in a rented house and the appellant-Sanjay used to visit Benoda once in a week. After the marriage, Vandana visited her parents on two occasions, at the time of Nagpanchami and Diwali and she had complained to them that Sanjay was suspecting her character and used to raise quarrel with her and was assaulting her on that count. On 12th January, 1992 at about 8.15 p.m., father of Vandana received a message that his daughter died due to burn injuries at Mozri at the house of appellant. He visited the house of the accused-appellant and then lodged report with the Police Station complaining that Vandana was ill-treated at the hands of the appellant and the appellant was suspecting her character. Since the incident took place at Mozri, Shri Rangrao Akhare gave information to the Police Station, Tiosa, about the incident. Vandana’s grand-mother-in-law [grand-mother of accused] was residing with her at Benoda. The police then registered offence punishable under Sections 498-A, 306, 302 read with Section 34 of the Indian Penal Code against the appellant and the other accused persons. Thereafter, police filed the charge-sheet in the Sessions Court. The trial was held. The Sessions Court had framed the Charge against the appellant and other accused persons, who were ultimately acquitted of the offences punishable under Sections 302, 304-B and 498-A read with Section 34 of the Indian Penal Code, but the appellant was convicted. The trial Court did not frame the Charge for the offence punishable under Section 306 of Indian Penal Code. The trial Court did not frame the Charge for the offence punishable under Section 306 of Indian Penal Code. The trial Court acquitted all the accused persons i.e. the parents of the appellant-Sanjay but convicted the appellant-Sanjay only for the offence punishable under Section 302 of the Indian Penal Code, however, he was acquitted for the charges under Sections 304-B and 498-A of the Indian Penal Code. Hence, this appeal. ARGUMENTS : 3. In support of the appeal, the learned counsel for the appellant, vehemently argued that the learned Sessions Judge held the appellant guilty of offence of murder when there is no direct evidence in the case. On the contrary, according to the learned counsel for the appellant, PW 3-Rangrao Akhare, who had lodged a report (Ex.43) to the police Station was the first person to visit the spot of incident and not only that he is an independent witness, who also stated that he was the Special Judicial Magistrate and he was residing near the house of accused. He stated that the door of the house was closed from inside and it was latched from inside. It was Dhanraj, who climbed on the roof of the house and then he removed tiles of the roof and poured water in the house and thereafter opened the door from inside. He further stated that at that time the appellant-Sanjay and his father Vitthal, both were in the field and the distance between their house and the field is about 2 kms. The counsel for the appellant, therefore, submitted that there was remote possibility of presence of appellant in the house at the time of the incident of burning and there is no reason whatsoever for believing that the appellant committed murder by burning the deceased Vandana. The prosecution evidence itself is very clear that the appellant was in the field and his father was also in the field at the time of the incident. The trial Court ought to have extended the benefit of doubt to the appellant rather than convicting him for the serious offence of murder on mere surmises and conjectures. 4. The prosecution evidence itself is very clear that the appellant was in the field and his father was also in the field at the time of the incident. The trial Court ought to have extended the benefit of doubt to the appellant rather than convicting him for the serious offence of murder on mere surmises and conjectures. 4. The learned counsel for the appellant has submitted that the appellant cannot be held guilty for any of the offences either of murder or abetment to commit suicide under Section 306 of the Indian Penal Code because the prosecution miserably failed to prove its case on all counts. According to him, even the evidence regarding the ill-treatment is untrustworthy and by way of omissions amounting to contradictions thereby falsifying the prosecution case. He, therefore, submits that the appellant-accused is required to be given benefit of doubt and is required to be acquitted for the charge of murder under Section 302 of the Indian Penal Code. 5. Opposing the conversion of charge for the offence punishable Section 306 of the Indian Penal Code, he submitted that, firstly no charge was framed against the appellant for the offence punishable under Section 306 of the Indian Penal Code. Secondly, the evidence tendered by the prosecution is not trustworthy and/or clinching and, therefore, the appellant cannot be convicted even for abetment of suicide. It is not the case of the prosecution that Vandana had committed suicide. On the contrary, from the inception, the case of the prosecution was that the appellant had committed her murder. Finally, he prayed for order of acquittal by allowing the appeal filed by the appellant. 6. Per contra, the learned Additional Public Prosecutor for the respondent-State opposed the appeal and submitted that there is enough evidence on record to show that the appellant was guilty of the offence of murder. According to the learned A.P.P., it was for the appellant to explain under Section 106 of the Indian Evidence Act, 1872 since he was custodian of his wife and therefore, he must explain how Vandana was burnt. In the absence of any explanation by the appellant and he being the occupant of the house, the trial Court was right in convicting the appellant for the offence of murder. In the alternative, the learned A.P.P. submitted that the appellant can be held guilty for the lesser offence i.e. abetment of suicide. In the absence of any explanation by the appellant and he being the occupant of the house, the trial Court was right in convicting the appellant for the offence of murder. In the alternative, the learned A.P.P. submitted that the appellant can be held guilty for the lesser offence i.e. abetment of suicide. There is voluminous evidence on record to show that because of his repeated harassment, assault and instigation, Vandana committed suicide. She, therefore, submits that the appellant is guilty of the offence punishable under Section 302 or 306 of the Indian Penal Code and he be convicted accordingly. CONSIDERATION : 7. We have perused the entire record, evidence of the prosecution witnesses, oral as well as documentary. We have heard the learned counsel for the rival parties at length. We have perused the impugned judgment and order of conviction under Section 302 of the Indian Penal Code and the reasons recorded by the trial Court. 8. At the outset, this is a case where there is no direct evidence that the appellant had by any overt-act committed murder punishable under Section 302 of the Indian Penal Code. The only evidence relied upon by the prosecution is that Vandana was burnt in the house owned and occupied by the appellant and his father. The Trial Court heavily relied upon Section 106 of Evidence Act for holding the appellant guilty of the offence of murder. The trial Court acquitted all other accused from all the charges framed against them. The trial Court convicted the appellant for the offence of murder by recording the following reasons in paragraph nos. 22 and 23:- “22. With this discussion, now I shall come to the other evidence and circumstances on record which corroborate the prosecution story of homicidal death. First, I shall come to the spot panchanama. It has come in spot panchanama (Ex. 37) that it is the house of Vitthal Mahadeo Pachghare i.e. the father of the accused no.1 from Mozari. There are two doors to the room towards the northern side where deceased Vandana was lying in dead condition due to burns near the western door of said room. At the northern side, there were some articles and pillow which were found in burnt condition. At the distance of 4 ft. towards the west of dead body there was plastic can of kerosene in which 100 ml. At the northern side, there were some articles and pillow which were found in burnt condition. At the distance of 4 ft. towards the west of dead body there was plastic can of kerosene in which 100 ml. kerosene was found and it was without cork. The matchbox was kept on shrine (Deoghar) in safe condition. Here, it will not be out of place to mention that the panchanama is silent to speak that tiles of the roof were removed as narrated by PW-3 Akhare in his cross examination. This panchanama again falsify the statement of Akhare. So far as the inquest panchanama is concerned it is at Ex.24 which speak that the dead body was lying. Both the hands of deceased were folded from the elbow towards her head, her both legs were in folded conditions at knee joint, eyes were partially open. This position of the dead body also rules out the circumstances of suicidal death and these are the circumstances which leads us to draw the inference as to homicidal death. 23. Again, I shall come to the postmortem report (Ex.29) wherein it has been mentioned in Clause 13 o the report that features were swollen, eyes were closed, mouth was open, tongue was protruded between teeth and red was oozing from both nostril. While para 20 of the post mortem notes states the position of thorax walls, ribs, cartileges, right and left lungs were congested upto 1/3rd section. It has also come in the post mortem notes that larynx, trachea and bronchie were congested. It is further mentioned that there were soot particles with congested position. It is true that soot particles can be found if a person is burn if alive and sometimes if the mouth remain open. Here, it is not the case to decide as to whether the burn injuries ante-mortem or post-mortem. Apart from this, ongoing through the postmortem notes it reveals that the deceased died due to extensive burn injuries. At that time, she was carrying 26 weeks pregnancy. This circumstance also goes to show that the woman who is carrying such advanced stage pregnancy will not commit suicide so easily. From postmortem notes it has been established that she died due to extensive burns. Therefore, in the present case, I have no hesitation to hold that the deceased died of homicidal death.” 9. This circumstance also goes to show that the woman who is carrying such advanced stage pregnancy will not commit suicide so easily. From postmortem notes it has been established that she died due to extensive burns. Therefore, in the present case, I have no hesitation to hold that the deceased died of homicidal death.” 9. Looking to the above reasons recorded by the trial Judge holding that the appellant was responsible for committing murder of Vandana, we find that the reasons are too weak to hold the appellant guilty of the offence of murder in the absence of any direct evidence. We therefore, do not agree with the trial Judge that there is any evidence on record to the satisfaction of the Court that the appellant could be held guilty of serious offence of murder under Section 302 of the Indian Penal Code. 10. PW 3 - Rangarao Akhare, the witness, who had seen the incident has stated in the evidence that when he went to the house the door was closed and it was latched from inside and hence Dhanraj climbed on the roof and removed the tiles of the roof and then he poured water in the house. His evidence also shows that at the time of incident, Sanjay and his father Vitthal were in the field and the distance between their house and the field is 2 kms. After the cross-examination made by accused, the Public Prosecutor did not bother to cross-examine this witness who deposed favouring the accused. The probability of the appellant and his father at the time of incident being in the field, therefore, cannot be ruled out by reading his evidence who was not declared hostile. The benefit of doubt must go to the accused. We, therefore, reverse the finding recorded by the trial Judge convicting the appellant for the offence of murder under Section 302 of the Indian Penal Code. 11. The next question is about the Charge under Section 498-A of the Indian Penal Code. The trial Judge has acquitted the appellant for the said offence and the State has not preferred appeal against the said acquittal of the appellant for the offence punishable under Section 498-A of the Indian Penal Code. We are satisfied that the conviction ought to have been recorded under Section 498-A of the Indian Penal Code. There is ample evidence to do so. We are satisfied that the conviction ought to have been recorded under Section 498-A of the Indian Penal Code. There is ample evidence to do so. But, in the absence of appeal, we can do nothing. 12. The next question is whether the appellant could be convicted for the offence punishable under Section 306 of the Indian Penal Code. We have considered the submissions made by the learned counsel for the appellant and the learned A.P.P. for the State. Insofar as the aspect of conversion of charge to a lower offence is concerned, the question is no more res integra, in view of the judgment given by the three-Judge Bench in the case of DalbirSingh Vs. State of U.P. reported in (2004)5 SCC 334 . The Hon'ble Apex Court in the said decision has observed in paragraph 17 thus: “17. There are a catena of decisions of this Court on the same lines and it is not necessary to burden this judgment by making reference to each one of them. Therefore, in view of Section 464 CrPC, it is possible for the appellate or revisional court to convict an accused for an offence for which no charge was framed unless the court is of the opinion that a failure of justice would in fact occasion. In order to judge whether a failure of justice has been occasioned, it will be relevant to examine whether the accused was aware of the basic ingredients of the offence for which he is being convicted and whether the main facts sought to be established against him were explained to him clearly and whether he got a fair chance to defend himself. We are, therefore, of the opinion that Sangaraboina Sreenu was not correctly decided as it purports to lay down as a principle of law that where the accused is charged under Section 302 IPC, he cannot be convicted for the offence under Section 306 IPC.” 13. Following the above dicta and the observations about verification of the accused having a fair chance to defend himself for the proposed converted charge, we have examined the entire record including the evidence as well as questions put by the trial Court to the accused under Section 313 of the Code of Criminal Procedure. Following the above dicta and the observations about verification of the accused having a fair chance to defend himself for the proposed converted charge, we have examined the entire record including the evidence as well as questions put by the trial Court to the accused under Section 313 of the Code of Criminal Procedure. Upon perusal thereof, we are satisfied that there are specific questions in relation to the ill-treatment, harassment, instigation and abetment of suicide put to the appellant-accused-Sanjay, which he answered. There is voluminous evidence to draw the inference that she committed suicide due to constant trepidation from appellant. The inference that, the appellant Sanjay was fully responsible for the commission of suicide by Vandana can very well be drawn since the evidence is very very weighty for holding him guilty accordingly. The appellant has answered all the questions in relation thereto in his statement under Section 313, Criminal Procedure Code. 14. We reproduce some questions and answers hereunder:- “Q.No.6 : It has further come in his evidence that Madhukar Chichote had come to him and told that his son-in-law took out all the clothes and went on road to commit suicide so he should come along with him and so he went to Mozari along with him. At that time it was 10 p.m. What have you to say about it? Ans: It is false.” “Q.No.12: It has further come in his evidence that Vandana told him that she being a teacher she has to talk with others. What have you to say about it? Ans: It is correct.” “Q.No.16: It has come in the evidence of PW 4 Kantabai Gohad that Vandana was her tenant, she was a teacher, her grand-mother-in-law was residing with her, and her husband used to visit the house of Vandana. What have you to say about it? Ans: It is correct.” “Q.No.18: It has further come in her evidence that Vandana was her tenant and at that time Vandana was carrying pregnancy of about 5 to 6 months. What have you to say about it? Ans: It is correct.” “Q.No.35: Do you want to examine yourself on oath? Ans: No.” “Q.No.36: Do you want to examine defence witnesses? Ans: No.” “Q.No.39: Do you want to say anything more about this case? Ans: Vandana was teacher at Benoda & I was working as teacher at Chandur Railway. What have you to say about it? Ans: It is correct.” “Q.No.35: Do you want to examine yourself on oath? Ans: No.” “Q.No.36: Do you want to examine defence witnesses? Ans: No.” “Q.No.39: Do you want to say anything more about this case? Ans: Vandana was teacher at Benoda & I was working as teacher at Chandur Railway. On holidays I used to visit Benoda. The landlady told me that Vandana used to talk with males & males used to remain in house till late hours. Thereupon I told my wife that it is not proper to behave in such a manner. Therefore, she was behaving properly. She came to Mozari by taking leave, but she started behaving as earlier, therefore I called her father & told him about the situation. There was altercation between her and her father. He gave slap to her and her cheek & asked her not to behave in a such manner. She agreed to behave properly. Thereafter her father told me that he would take Vandana with him, I agreed for the same. He also invited me. I told him that I have not taken leave. I will come lateron. He called us by taking leave. I do not know what conversation took place between her & her father subsequently.” 15. From perusal of defence and the questions and answers in reply, it is clear that though the appellant claimed that he was in the field with his father, he has not said a word as to how Vandana died of burning. That apart, the fact that the door of the house was closed, latched from inside and Vandana was burning inside the house shows that she committed suicide by neatly latching the door from inside as she was determined to commit suicide. The reason given by the trial Judge that as she was pregnant of five months, she was not even thinking of committing suicide, does not appeal to us, as no such straight-jacket formula can be suggested. In the instant case, the evidence of the witnesses is abundantly clear about the repeated ill-treatment given by the appellant and his vitriolic attitude towards Vandana for flimsy reasons, she used to talk to the students or other persons. He used to assault and torture her every now and then. In the instant case, the evidence of the witnesses is abundantly clear about the repeated ill-treatment given by the appellant and his vitriolic attitude towards Vandana for flimsy reasons, she used to talk to the students or other persons. He used to assault and torture her every now and then. Even when she was pregnant from him on 7.12.1991 he seriously assaulted her and she suffered head injuries which she had shown to the witnesses. The appellant was thus so cruel on his own flimsy ideas and suspicion about her within a short period of two to three months of the marriage when he had knowingly married a teacher girl. He did not even bother about her five months' pregnancy from him. The appellant-Sanjay exhibited grotesque behaviour towards her in her early married life, who was brought up, educated by her father and somehow got employment for her as a Teacher with great difficulties. But the appellant, in his own whims and fancies, figment of imagination, started suspecting the girl, his wife, because she used to talk with the students, other teachers. The appellant refused to understand that she being a Teacher was bound to talk to the boys or other teachers, as it was a part of her profession. In fact, she told him so. The appellant deliberately forgot and ignored that his own grand-mother was residing with her in order to have security for her. Not only that, the old landlady and her daughter were also acting like her guardian. The old landlady was treating her like daughter. However, the appellant did not simply understand the aspirations of a woman, i.e. his wife Vandana, who became a teacher with great dreams of marriage and the married life. The story is thus tragic that the appellant tortured her so much that she was compelled to commit suicide. We record the following portion from the evidence of various witnesses in this connection to support what we have stated above: “PW 4 Kantabai Gohad: I know the deceased Vandana, she was the teacher, she was residing in my room as a tenant. One old woman was residing with her. She was a grand mother in law. The husband of her used to visit the house of Vandana. I know the woman and the husband of deceased Vandana. One old woman was residing with her. She was a grand mother in law. The husband of her used to visit the house of Vandana. I know the woman and the husband of deceased Vandana. The witness was asked to go to the accused persons and identify if any one of them is her husband and the grand mother of the deceased. She went to the accused but she could not recognize any of them. The husband of the deceased Vandana used to beat her on suspicion. I had given advise to the husband of deceased that if he did not want his wife in his house he should give divorce to her, else he should keep her properly instead of giving ill-treatment to her. I do not remember if some Kale had giving understanding to the husband of Vandana. When she was residing in my room as tenant she was pregnant of about 5 months.” “PW 5 Mahadeo Bhele : I know deceased Vandana, she was a teacher in the same school where I was also serving as teacher. After the marriage there had been a restriction on her to go to the house of any other person and she was telling this fact to us. Before about 7-8 days of the incident she had met me, in the school. At that time she had shown the welling/sign of beatings on her neck and she told me that – that was beating given by accused Sanjay, and then she went to the house.” �“PW 6 Manikrao Kale : I know deceased Vandana. She was sister in law i.e. the (cousin) sister of my wife. I also know her husband and parents in law. They are before the Court. I only know Sanjay Pachghare the accused and his father Vitthalrao Pachghare. Deceased Vandana was a teacher in the school. At the relevant time I was Extension Officer in a Panchayat Samiti Warud. Before the incident i.e. on 7.12.1991 I had met her, because I had gone to her school. At that time when I was sitting in the office of head master of the school she had complained me and told that her husband used to beat her on suspicion on her character. Before the incident i.e. on 7.12.1991 I had met her, because I had gone to her school. At that time when I was sitting in the office of head master of the school she had complained me and told that her husband used to beat her on suspicion on her character. On the same day her husband Sanjay was also in the same village so I met him and gave a understanding to him, that he should not behave like that. On 7.12.1991 she had shown oal (line of swelling on her neck) and told that it was due to the beat of accused to her.” “PW 7 Sau. Kamal Pande : Deceased Vandana Pachghare was residing in the house of my mother as tenant. I was residing with my mother. The grand mother Indla was residing with deceased Vandana and that her husband used to visit some times at her house. There used to be always quarrel between the deceased Vandana and her husband. Her husband also used to beat her in the night and that we heard the noice of her weeping. Her husband used to raise the voice of radio and used to beat her. However, I do not know as to why quarrel used to arise between them. Before her death she was pregnant of about five months. Her husband used to raise the doubt about her chastity whenever she used to go out. The grand mother of her who was residing with her had told me that deceased Vandana was good in nature but her husband unnecessary giving trouble to her”. 16. The above evidence that he used to raise the voice of radio to suppress her cry while assaulting her is the tale-telling story of Vandana. She was then also assaulted on 7th December, 1991 by the appellant-Sanjay and caused injuries to her which she had shown to the witnesses and thereafter on 12.1.1992 the incident took place and she committed suicide at Mozri at the house of the appellant. 17. We have no doubt that the appellant-Sanjay had tormented Vandana knowing that she was five months' pregnant from him. Unable to bear the barbaric torture though pregnant, she took a decision to commit suicide. In our opinion, the above evidence is strong enough to convict the appellant for the offence punishable under Section 306 of the Indian Penal Code. 17. We have no doubt that the appellant-Sanjay had tormented Vandana knowing that she was five months' pregnant from him. Unable to bear the barbaric torture though pregnant, she took a decision to commit suicide. In our opinion, the above evidence is strong enough to convict the appellant for the offence punishable under Section 306 of the Indian Penal Code. As earlier said, we have perused the entire evidence on record as to whether the appellant was given a fair trial under Section 306 of the Indian Penal Code. We are satisfied that the appellant received a fair trial and all the relevant questions appearing in the evidence of witnesses which we have discussed were asked to him and he answered the same. 18. That is how is the 'tragic' story of 'VANDANA', a village daughter of India who had four sisters in addition. What difficulties a father of five girls living in a village must have faced for educating Vandana and then getting her employment. Still she got educated and became qualified to become a Zilla Parishad Primary Teacher to serve in a village. She was earning Rs. 2500/- per month. She was a girl of only twenty-four years with an ambition to have a husband like her, a teacher, and married the appellant, knowing nothing about his suspicious nature, vitriolic attitude. She had a dream and aspirations of a happy married life. She became pregnant from appellant. But she had no other option than to commit suicide with her still-born just within six months of her marriage due to the torture by the surly accused. Her heart must have shed a secret tear and grief welled up inside to constrict the throat before committing suicide with still-born. We find that the cases of suspicion about character of a newly married wife at a very early stage, as within six months in this case, are on the rise which result into commission of such grave offences. We think the society must attend to this typical menace and make efforts to curb unnecessary and unwarranted and surly behavior of the husband. It is most unfortunate that the appellant failed to perform his duties and obligations to protect and take care of his wife as per the marriage vows. Laws are not enough to combat this evil. We think the society must attend to this typical menace and make efforts to curb unnecessary and unwarranted and surly behavior of the husband. It is most unfortunate that the appellant failed to perform his duties and obligations to protect and take care of his wife as per the marriage vows. Laws are not enough to combat this evil. A wider social movement of educating women of their rights is needed, particularly in rural areas. We would quote below paras 55, 56 and 57 from the Judgment of Supreme Court in the case of State (Delhi Administration) Vs. Laxman Kumar & others [ (1985) 4 SCC 476 ], which are apt:- “55. Marriage, according to the community to which parties belong, is sacramental and is believed to have been ordained in heaven. The religious rites performed at the marriage altar clearly indicate that the man accepts the woman as his better-half by assuring her protection as guardian, ensuring food and necessaries of life as the provider, guaranteeing companionship as the mate and by resolving that the pleasures and sorrows in the pursuit of life shall be shared with her and Dharma shall be observed. ….” “56. Every marriage ordinarily involves a transplant. A girl born and brought up in her natural family when given in marriage, has to leave the natural setting and come into a new family. When a tender plant is shifted from the place of origin to a new setting, great care is taken to ensure that the new soil is suitable and not far different from the soil where the plant had hitherto been growing; care is taken to ensure that there is not much of variation of the temperature, watering facility is assured and congeniality is attempted to be provided. When a girl is transplanted from her natural setting into an alien family, the care expected is bound to be more than in the case of a plant. Plant has life but the girl has a more than developed one. Human emotions are unknown to the plant life. In the growing years in the natural setting the girl - now a bride - has formed her own habits, gathered her own impressions, developed her own aptitudes and got used to a way of life. In the new setting some of these have to be accepted and some she has to surrender. In the growing years in the natural setting the girl - now a bride - has formed her own habits, gathered her own impressions, developed her own aptitudes and got used to a way of life. In the new setting some of these have to be accepted and some she has to surrender. This process of adaptation is not and cannot be one-sided. Give and take, live and let live, are the ways of life and when the bride is received in the new family she must have a feeling of welcome and by the fond bonds of love and affection, grace and generosity, attachment and consideration that she may receive in the family of the husband, she will get into a new mould; the mould which would last for her life. She has to get used to a new set of relationships - one type with the husband, another with the parents-in-law, a different one with the other superiors and yet a different one with the younger ones in the family. For this she would require loving guidance. The elders in the family, including the mother-in- law, are expected to show her the way. The husband has to stand as a mountain of support ready to protect her and espouse her cause where she is on the right and equally ready to cover her either by pulling her up to protecting her willingly taking the responsibility on to himself when she is at fault. The process has to be a natural one and there has to be exhibition of cooperation and willingness from every side. Otherwise how would the transplant succeed” “57. There is yet another aspect which we think is very germane, Of late there is a keen competition between man and woman all the world over. There has been a feeling that the world has been a man-dominated one and women as a class have been trying to raise their heads by claiming equality. We are of the view that women must rise and on account of certain virtues which Nature has endowed them with to the exclusion of man, due credit must be given to women as possessors of those exclusive qualities. It is the woman who is capable of playing the more effective role in the preservation of society and, therefore, she has to be respected. It is the woman who is capable of playing the more effective role in the preservation of society and, therefore, she has to be respected. She has the greater dose of divinity in her and by her gifted qualities she can protect the society against evil. To that extent women have special qualities to serve society in due discharge of the social responsibility. While all these are true and the struggle for upliftment has to continue, can it be forgotten that men and women in the human creation are complementary to each other and it is only when a man and a woman are put together that a unit is formed? One without the other has no place in the community of homo sapiens. Therefore, in a world where man and woman are indispensable to each other and the status of one depends upon the existence and longing of the other, to what extent is competition between the two justifiable is a matter to be debated in a cool and healthy setting.” 19. The appellant-accused was heard on the point of sentence on the previous date. His counsel submitted that the appellant, who was working as a Teacher, lost his employment because of the conviction for murder and he further submitted that the father of the appellant is a very old man and it is the appellant who has to take his care. He then submitted that the incident is of the year 1992 and looking to the time gap, lenient view in the matter of awarding sentence should be taken by this Court. 20. We have carefully considered the submissions made by learned counsel for the appellant. In the first place, it is a well settled legal position that mere delay in the trial or decision of appeal is no consideration in the matter of award of sentence all the more because the appellant was convicted for the offence of murder and sentenced to life imprisonment; but he obtained bail from this Court when he filed appeal in 2002 and, thus, was throughout on bail. We, therefore, do not agree with the learned counsel for the appellant that the number of years that have passed can be a consideration. We, therefore, do not agree with the learned counsel for the appellant that the number of years that have passed can be a consideration. We then find that the father of the appellant ought to have taken care by putting the appellant Sanjay on the right track and should have prevented him from torturing Vandana within a short span from the date of marriage on frivolous reasons. He failed in his duty to do so and, therefore, we are not impressed with the said submission. The loss of employment of the appellant is his own creation for which none can be held responsible. We now find that Vandana died within six months of marriage carrying pregnancy of five months from the appellant along with still-born child by committing suicide due to grotesque behavior of the appellant. The surly appellant and his suspicion about her character was wholly baseless and, in fact, his grand-mother was residing with Vandana, which was somewhat the guarantee about the watch on Vandana or her freedom. While he was assaulting her, he used to raise the volume of radio to suppress her cry. To say the least, it was barbaric. Under such circumstances, we think the appellant must be handed down the maximum punishment. Section 306 of Indian Penal Code provides for a sentence upto ten years. We have decided to sentence him to undergo Rigorous Imprisonment for ten years and without any facility of remission, as it is expedient to have deterrence. That being so, we make the following order:- ORDER [i] Criminal Appeal No. 47 of 2002 is partly allowed. [ii] The Judgment and Order dated 7th January, 2002 passed by Additional Sessions Judge, Amravati, in Sessions Trial No. 186 of 1997, convicting the appellant for the offence under Section 302 of Indian Penal Code is set aside and is modified and the appellant is, instead, held guilty of offence punishable under Section 306 of Indian Penal Code. [iii] The appellant is sentenced to undergo Rigorous Imprisonment for ten years with no facility of remission, and shall also pay fine of Rs.10,000-00 [rupees ten thousand only] payable to the father of Vandana, in default, to undergo further sentence for six months. [iv] The appellant-accused shall be entitled to set off for the period of imprisonment already undergone by him as per Section 428 of Criminal Procedure Code.