STATE OF MAHARASHTRA Vs. HABIB SAIYYAD AHAMAD JAMKHANDI

JUDGEMENT

(1.) This is an appeal impugning an order and judgment dated 28-8- 2003 passed by the Chief Judicial Magistrate, Thane, acquitting respondents (accused) of offence punishable under Sections 498A (Husband or relative of husband of a woman subjecting her to cruelty) read with Section 34 (Acts done by several persons in furtherance of common intention) of Indian Penal Code.

(2.) It is the case of prosecution that one Afroz Jamkhandi (PW-2) - complainant, married to accused no.1 on 10-5-1998. Other accused were husband's family members, who all lived together. After marriage, PW-2 went to her matrimonial home and started residing with the accused at Thane. Immediately after 4 to 5 days after marriage, accused no.1 told PW-2 to get Rs.50,000/- from her parents for the purpose of his shop. PW-2, tried to convince the accused that her parents cannot afford to pay that amount, resulting in the accused abusing her and beating her. It seems, within 15 days when mother of PW-2 visited the matrimonial home of PW-2, PW-2 narrated this fact to her mother. The mother of PW-2 also tried to convince the accused, but there was no change in their attitude. The mother of PW-2, who is also the wife of PW-1, has not been examined. The accused again demanded Rs.50,000/- and started abusing and beating PW-2.

(3.) In the month of September 1998, the shop of the accused was demolished in the road widening, at which time, the accused abused PW-2 that her arrival in the family has only brought them ill-luck and they lost their shop because of that. The accused also warned PW-2 to bring Rs.50,000/- from her parents. PW-2 alleges that accused no.1, who is her husband, had an illicit relationship with his sister-in-law (brother's wife), who is accused no.3 and brother is accused no.5. PW-2 informed about the illicit relationship to her mother when she visited her matrimonial home. The mother of PW-2 reprimanded accused no.1 for his illicit relationship with his sister-in-law, resulting in the accused giving severe mental and physical torture to PW-2. On 29-10-1998, the accused had sent PW-2 to Pune to attend the wedding of a relative and in that wedding also, the accused picked up quarrels with PW-2 and sent her away to her parents house. Since then, PW-2 has been residing in her parents house. When repeated attempts for conciliation failed and as the accused did not take PW-2 back into their house, PW-2 lodged a complaint and offence under Section 498A read with Section 34 of IPC, was registered. During the course of investigation, the Investigating Officer recorded the statements of witnesses and after completion of investigation charge sheet was submitted. Charges were framed and the accused pleaded not guilty and claimed to be tried. The defence of the accused as recorded in the statement under Section 313 of CrPC, is that PW-2 was already married, which was suppressed and she has filed this false case.