SAINATH ANNASAHEB WAGHCHAURE Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) The appellants, hereinafter referred to as the accused Nos. 1 to 3 have assailed the judgment and order dated 15/12/2014 passed by the Additional Sessions Judge, Aurangabad in Sessions Case No. 54 of 2013 thereby convicting and sentencing them for different offences of the Indian Penal Code (hereinafter referred to as 'IPC') as under:

(2.) The facts leading to the institution of the present appeal as are revealed from the record are as under:-

(3.) Mr. Gore, learned advocate appearing for the appellants-accused submitted that the marriage of the deceased with the accused No.1 was performed prior to 16 to 17 years of the incident. The deceased has two issues from the said wedlock. Accused never illtreated or abused the deceased. The wife of brother of accused No. 1 is residing in another village with her children and therefore, there was no reason for the accused to demand an amount of Rs. 2,00,000/- to perform marriage of niece of the accused No.1 and to cause cruelty to deceased for said amount. Prior to the incident accused No. 1 had sold land to brother of the deceased and brother of the deceased had not given consideration amount to the accused. Therefore, the deceased was frustrated and hence on the date of incident i.e. on 22/10/2012 while she was in the house she committed suicide by pouring kerosene and setting herself on fire. This fact is also clear from Exhibit 15 MLC papers as it shows that deceased committed suicide. The prosecution has not examined Laxman Shridhar Waghchaure elder brother of the accused No.1 husband of deceased who had extinguished the fire and admitted the deceased in injured condition in the hospital. So also, prosecution has not examined children of the deceased. As per the spot panchanama door of the room in which the incident took place was closed. Therefore, accused are not responsible for death of the deceased and her death is suicidal.