LAWS(BOM)-2020-6-39

MADHAV WAMANRAO YADAV Vs. STATE OF MAHARASHTRA

Decided On June 16, 2020
Madhav Wamanrao Yadav Appellant
V/S
STATE OF MAHARASHTRA Respondents

JUDGEMENT

(1.) Heard learned Advocate Mr. S.J. Salunke for applicants and learned APP Mr. V.M. Kagne for respondent-State.

(2.) Learned Advocate for the applicants submits that the applicants are apprehending their arrest in Crime No.98/2020 registered for the offence punishable under Section 306, 498-A read with Section 34 of the Indian Penal Code. Applicant Nos.1 and 2 are the in-laws and applicant Nos.3 and 4 are the sister-in-laws of deceased Poonam Wamanrao Yadav. The allegations are, that there was illegal demand of Rs.5,00,000/- and the applicants had assaulted deceased just prior to her suicide. In fact, the deceased was short tempered. She was insisting that her husband should shift to a taluka place or district place. However, the husband was not in favour of the same. The husband used to co-operate with her and used to give mobile to her, so that she can talk to her parents. She was immediately shifted to hospital upon the incident. The allegations are vague and sweeping in nature. Applicant Nos.1 and 2 are senior citizens, whereas applicant Nos.3 and 4 are married sister- in-laws who are residing at a different place. They have also been unnecessarily arrayed.

(3.) Intervention application has been filed by the informant stating that Section 306 of the Indian Penal Code has been deleted and subsequently Section 304-B of the Indian Penal Code has been added by police on 04.04.2020. Deceased had given a call to the father at about 5.00 p.m. on 31.03.2020 and informed that husband and parents-in-laws were beating her by wood and fist blows. She was crying and telling her father to take her back. When the father i.e. informant was ready to go to the matrimonial home of the daughter, he received second call informing that the daughter had committed suicide. Further, due to lock-down it took time to the family of the informant to go to the matrimonial home of the daughter. It has been clearly mentioned in the First Information Report, that all the applicants were harassing deceased for the illegal demand of Rs.5,00,000/-. Learned Advocate for informant made aforesaid submissions and objected the application.