PADMAKAR TUKARAM BHAVNAGARE Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Leave granted.

(2.) These appeals, by special leave, are directed against the order dated 27/03/2012 passed on Criminal Application No. 15/2012 and order dated 04/05/2012 passed on Criminal Application (App.) No. 533/2012 in Criminal Application No. 15/2012 by the Nagpur Bench of the Bombay High Court.

(3.) The appellants are original accused 6 and 7 respectively ( accused 6 and 7 , for brevity). Accused-6 is the husband of accused-7 and accused-5 is their daughter. The case of the complainant-Ashok Jairam Bhojane (for short the complainant ), as evident from the F.I.R. dated 10/01/2012 lodged at Police Station, Jaulka, is that his son Nitin (the deceased) was married to accused-5 at Murtizapur in March, 2011. The deceased had given an amount of Rs.71,500/- to Baban Devlate because Baban Devlate had promised to give job to his brother-Vijay. Baban Devlate had given a cheque of Rs.50,000/- to the deceased and told him that if the job is not given, he may deposit the cheque and get the money. As Vijay did not get the job as promised, the deceased deposited the cheque in the bank. The cheque was dishonoured. Baban Devlate, his wife and children refused to give back the amount. The deceased was, therefore, disturbed. It is further stated by the complainant in the complaint that accused-5 Sadhya- wife of the deceased did not want to stay in the matrimonial house. She wanted the deceased to separate from his parents. Accused 6 and 7 used to threaten him and tell him that they would ask their daughter to set herself on fire and then lodge a false complaint against him and members of his family under Section 498-A of the Indian Penal Code (for short, the IPC ). According to the complainant, on 31/12/2011 the deceased had gone to Jaulka for duty. No one was in the house except his son Vijay. Accused-5 told him that she was unwell and, therefore, she wanted to go to the hospital. She requested Vijay to drop her at her parent s place at Murtizapur. Accordingly, Vijay dropped her at her parent s place and came back. On 04/01/2012 the deceased came back from his duty. He found that accused-5 had taken away the entire jewellery with her. Due to this the deceased was extremely disturbed. On 05/01/2012 he left for Jaulka to join his duty, however, he did not return. He could not be contacted on phone. Therefore, the complainant went to Jaulka Police Station on 08/01/2012. At the Police Station he came to know that at Chala, which is adjacent to Davha Nalah, the deceased had hanged himself on a tree after consuming poison. According to the complainant the deceased had committed suicide because Baban Devlate had not returned the amount given to him by the deceased for the purpose of securing job for his brother -Vijay and also because of the harassment caused to him by the appellants, accused 6 and 7 respectively and accused-5. Pursuant to the complaint Crime No. 3/2012 was registered against accused 5, 6, 7 and other accused under Sections 306, 420 read with Section 34 of the IPC.