BHAGWAN SAKHARAM SAID Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) THE appellants are original accused nos. 1 and 2 in Sessions Case No. 299 of 1991. Both of them were tried by the VIIth Additional sessions Judge, Pune, on the charge of having committed the offences under sections 306 and 498a read with section 34 of the Indian Penal Code. The learned Judge, by his order dated 27-4-1992 acquitted both the accused of the offence under section 306 read with section 34 of the Indian penal Code, but convicted both of them for the offence under section 498a read with section 34 of the Indian Penal Code and sentenced each of them to suffer rigorous imprisonment for six months and to pay a fine of Rs. 500/-, in default to further suffer simple imprisonment for two months. Feeling aggrieved thereby, the accused have filed this appeal.

(2.) THE prosecution case, in brief, is that deceased Tarabai alias Anita was married to accused No. 1 on 26-6-1989. Accused No. 2 is the sister of accused No. 1, and both of them were residing at village Gavadewadi. After the marriage, the deceased Tarabai also started living with them. It appears that at the time of the marriage, accused No. 1 was serving in Mumbai. However, sometime after his marriage, he lost his job and was required to return to his village. According to the prosecution, both the accused used to blame Tarabai for the same, by abusing her to be an inauspicious woman, who had brought misfortune to accused No. 1. It is further alleged that both the accused used to harass and ill treat tarabai by beating her and by not giving her food. In addition, they also used to make a demand of money to Tarabai to enable them to construct a new house. According to the prosecution, the cruelty meted out by the accused became unbearable and finally Tarabai committed suicide by jumping into a well. Tarabai was missing since 31-8-1990 and her dead body was found floating in a well at gavadewadi on 2-9-1990. On the same day, her father Khandu Ramji Bagel (PW 5) lodged his complaint against the accused alleging that his daughter Tarabai had committed suicide because of the ill treatment meted out to her.

(3.) ON the basis of the complaint lodged by khandu Ramji Bhagel (PW 5), the police registered the case against both the accused for the offences under sections 306 and 498a of the Indian Penal Code and took up the investigation. In due course, the investigation was completed and both the accused came to be charge-sheeted for the above-mentioned offences.