SUKHRAM Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) This appeal under Section 2(a) of the Supreme Court (Enlargement of Criminal Appellate Jurisdiction) Act, 1970 has been preferred by Sudhakar, the husband of the deceased, Meerabai and Sukhram, her father-in-law (hereinafter referred to as appellants A-1 and A-2 respectively) against the common judgment of the High Court of Judicature at Bombay, Nagpur Bench, Nagpur passed in Cross Criminal Appeals No. 201 of 1995 and 301 of 1995 respectively filed by the said appellants, challenging their conviction and sentence under Sections 304-B, 498-A read with Section 34 of the Indian Penal Code (for short IPC) and by the State challenging their acquittal for the offences punishable under Sections 302 and 201 read with Section 34 IPC. By the impugned judgment, while allowing both the appeals, the High Court has set aside the conviction of both the appellants under Sections 304-B, 498-A read with Section 34 IPC but has found both of them guilty and convicted them for having committed offences punishable under Sections 302 and 201 read with Section 34 IPC. Each of the appellant has been sentenced under Section 302 read with 34 IPC to suffer imprisonment for life and to pay fine of Rs.1000/- each and under Section 201 read with 34 IPC, each of them has been sentenced to undergo imprisonment for five years and to pay a fine of Rs.500/-, with default stipulations.

(2.) We may note at the outset that despite opportunities, appellant A-1 failed to surrender and consequently vide order dated 10th November, 2006 his appeal was dismissed. Therefore, we are required to consider the appeal filed by A-2.

(3.) Marriage between appellant A-1 and the deceased was solemnized on 21st April, 1986. At the time of marriage some amount in cash, a gold ring and other articles are stated to have been given by way of dowry. It is alleged that not being satisfied with the same, the appellants started ill treating her, and further appellant A-2 had an evil eye on the deceased and he insisted that she should have illicit relations with him which, she resisted. She is stated to have complained to her parents, brother and other relatives about the ill-treatment.