STATE OF MAHARASHTRA Vs. RASUL GANIBHAI SHAIKH

JUDGEMENT

(1.) This is an appeal impugning an order and judgment dated 14-7- 2003 passed by the learned 6th Ad-hoc Sessions Judge, Pune, acquitting respondents (accused) of offence punishable under Sections 498A (Husband or relative of husband of a woman subjecting her to cruelty) and 306 (Abetment of suicide) read with Section 34 (Acts done by several persons in furtherance of common intention) of Indian Penal Code.

(2.) The prosecution's case in brief are that marriage of deceased Shehnaz had taken place on 31-5-2002 with Rasul Ghani Baig (accused no.1). Original accused no.2 was the father in law, who died during the pendency of the appeal and the appeal is not against the order of acquittal against original accused no.5 - Sau Bai @ Kulsumbee Hamid Shaikh. Appeal, therefore, survives only against original accused no.1, original accused no.3, who is the mother of original accused no.1 and original accused no.4, who is the brother of original accused no.1 and son of original accused no.3. Admittedly, after marriage Shehnaz cohabited with accused no.1 in her matrimonial home at Kivale, Taluka Khed, District Pune.

(3.) It seems, after some days of the marriage, Rasul (accused no.1) left his job and was staying at home. The father-in-law, who has since died, used to blame Shehnaz for accused no.1 leaving his job. It is alleged that in view of his leaving the job, accused no.1 and Shehnaz went to the house of her parents, i.e., PW-1 and PW-2 and accused no.1 demanded a sum of Rs.60,000/- from the family for starting some business. The family of PW-1 and PW-2, i.e., the in-laws of accused no.1, expressed their inability to cough up such large amount because of which, the accused started ill treating Shehnaz.