POPAT MAHADEO JADHAO Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) THIS revision petition is directed against the judgment and order of acquittal passed on 22/11/1995 by the Additional Sessions Judge, Satara in Sessions Case No. 219 of 1992.

(2.) THE deceased Savitra, a daughter of the complainant Popat Mahadeo Jadhav, was married to the son of the accused persons. After marriage Savitra resided with the accused person at village Date Wadi, Tal. Khatav, Dist. Satara. THE husband of Savitra did not stay at the village as he worked at Bombay. Savitra resided with her parents-in-laws i. e. the present respondents, the accused persons.

(3.) ADMITTEDLY no appeal against the judgment and order of acquittal has been filed by the State. With the help of Shri Ajgaonkar, the learned counsel for the revision petitioner and learned APP, I have carefully gone through the evidence and material on record. The marriage of Savitrabai took place on 21/12/1989 and she was found dead on 23/12/1991. It is true that the death took place within a period of 7 years from the date of marriage. For raising the presumption of abetment of suicide, it must be shown that the deceased was treated with cruelty. Cruelty has been defined under section 498-A of the Indian Penal Code. 498-A (ab) is about harassment of the woman with a view to coercing her to meet any unlawful demand for any property or valuable security. In order to establish the cruelty, the present petitioner came to be examined as PW-3. The petitioners' wife also entered the witness box for the same purpose. The evidence of both these witnesses was found to be untrustworthy and was found to be suffering from infirmities by the learned trial Judge. The contradictions and ommissions were pointed out from what was stated in the court and what was stated earlier by the petitioner in his FIR at Exh. 17. On perusal of the judgment of the trial Judge, it is difficult to say that the learned Judge took the view which was unreasonable or unwarranted. On the contrary, the approach of the learned trial Judge was reasonable and correct.