NAYANA Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) This appeal challenges the legality and correctness of the judgment and order dated 17.12.2019 convicting the appellants/original accused nos. 1 and 3, of the offences punishable under Sections 302 and 201 read with Section 34 of the Indian Penal Code.

(2.) Prosecution of the appellants is for the untimely death of Babli, wife of Hublal Chikwa in suspicious circumstances at her house at Majari colliery, Tahsil Bhadrawati, District Chandrapur.

(3.) Deceased Babli was got married to Hublal Chikwa in the year 2013. The marriage was solemnized at the parental place of deceased situated at village Bharwari, Tahsil Cayal, District Kosambi (UP). Solemnization of marriage was a modest affair between the two families given the poor financial condition of the parents of the deceased. After the marriage, deceased started co-habiting with Hublal at his house at Majari colliery. Hublal's family was big and it comprised, apart from the deceased, father and mother of Hublal and two sisters of Hublal by name Nayana and Jyoti. Marital life for the deceased seemed blissful for about one year from the marriage. Trouble for the deceased, according to the prosecution, started after passage of one year from the marriage. According to the prosecution case, deceased used to be subjected, not only by the appellants Nayana and Gogadevi, sister-in-law and mother-in-law of the deceased, but also by her another sister Jyoti, her husband Hublal and father-in-law Mohanlal, to cruelty of almost unbearable nature, which made deceased think of not returning to her matrimonial house whenever she happened to visit her parental place at village Bharwari.