KAPIL Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Challenge in this appeal is to the judgment rendered by learned Sessions Judge in Sessions Case No.89/2008 whereby both the appellants have been convicted for the offences punishable under section 498-A and 304-B read with section 34 of the LP. Code as well as section 306 read with section 34 of the LP. Code. They have been each sentenced to undergo rigorous imprisonment for one (1) year and to pay fine of Rs.1000/-, in default to undergo rigorous imprisonment for ten (10) days for the offence punishable under section 498-A read with section 34 of the LP. Code, to undergo rigorous imprisonment for seven (7) years and to pay fine of Rs.2,000/-, in default to undergo rigorous imprisonment for fifteen (15) days for the offence punishable under section 304-B read with section 34 of the LP. Code and to undergo rigorous imprisonment for one (1) year and to pay fine of Rs. 1,000/-, in default to undergo rigorous imprisonment for ten (10) days for the offence punishable under section 306 read with section 34 of the LP. Code.

(2.) The appellants were tried alongwith other two (2) accused persons for the offences indicated above. They were the original accused Nos.l and 2, respectively, whereas other co-accused Smt. Sangita and Sundar were the original accused Nos.3 and 4. Both the latter two (2) accused have been acquitted of the charges by the learned Sessions Judge.

(3.) It is an admitted fact that deceased Pradnya was married to the appellant No.l on 18th November, 2005. Her father is ex-Militaryman. The father of deceased Pradnya is inhabitant of Mathura. Her three (3) sisters are married. Somewhere before settlement of her marriage with the appellant No. 1 - Kapil, his mother had died. The marriage was settled through intervention of PW-3 Shashikant Sharma, who happens to be her distinct relative whereas the appellant No.2 -Laxman is his maternal uncle. Considering his relationship from both the sides, PW Shashikant Sharma inter-middled in the settlement of the marriage. Out of the wedlock, deceased Pradnya gave birth to a female child on 1st August, 2006. In the night between 23rd and 24th December, 2007, a little after midnight, deceased Pradnya committed suicide by hanging herself in the matrimonial home. Her brother (PW-2 Dinesh Saraswat) lodged the FIR (Exh.48) at City Police Station, Jalgaon. alleging that deceased Pradnya was subjected to unbearable matrimonial cruelty on account of non-fulfillment of the unlawful demands put forth by the appellants and she died under the unnatural circumstances as a result of the cruel treatment given to her and that, she committed the suicide which was instigated by conduct of the appellants.