VASANT BHAGWAT PATIL Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Challenge in this appeal is to the conviction and sentence, inflicted upon the appellant (original accused no.1) by way of judgment and order, dated 16.2.2001, rendered by the learned Additional 3 rd Additional Sessions Judge, Jalgaon, in Sessions Case No. 229 of 1995, thereby convicting the appellant for the offence punishable under Section 304B of the Indian Penal Code and sentencing him to undergo R.I. for 7 years and to pay fine of Rs. 500/ , in default to suffer R.I. for one month; and also convicting the appellant for the offence punishable under Section 306 of the Indian Penal Code and sentencing him to undergo R.I. for 5 years and to pay fine of Rs. 250/ , in default to suffer R.I. for 15 days; and further convicting the appellant for the offence punishable under Section 498 A of the Indian Penal Code and sentencing him to undergo R.I. for one year and to pay fine of Rs. 100/ , in default to suffer R.I. for eight days; and also further convicting the appellant for the offence punishable under Section 4 of the Dowry Prohibition Act and sentencing him to undergo R.I. for three months and to pay fine of Rs. 100/ , in default to suffer R.I. for eight days; and also directing that all the afore said substantive sentences imposed against the appellant (original accused no.1) to run concurrently. However, it appears that the other accused nos. 2 to 6 were acquitted of the said charges levelled against them.

(2.) The factual matrix of the prosecution case is as follows : The parties herein after are referred as per their original status as, "the complainant' and 'the accused'). One Mr. Keshav Senu Nehete i.e. the complainant and Prosecution Witness No.1, who is the brother of victim Sunanda, lodged the report (Exh.56) on 14.7.1995 at 2015 hours at M.I.D.C. Police station, Jalgaon, alleging that he and his brother Bhagwat were serving in Raymond Woolen Company and they had one sister, namely Sunanda. He stated that the marriage of his sister Sunanda with accused Vasant took place in May, 1994 as Gandharv Vivah and at that time, the complainant paid Rs.45,000/ and 50 grams gold to the accused. The appellant i.e. original accused no.1 was in the employment of Jain Pipe Company and used to reside at Ayodhya Nagar at Jalgaon.

(3.) Accused no.2 Bhagwat and accused no.3 Narmadabai are the parents of accused no.1 Vasant; whereas accused no.4 Pramila, Juvenile accused no.5 and accused no.6 Shridhar are the relatives of accused no.1. It is alleged that after the marriage, Sunanda went to reside at Jalgaon with accused no.1. However, accused nos. 1, 2 and 4 used to illtreat her on account of demand of Rs.10,000/ and Sunanda conveyed the same to the complainant. Hence, the complainant approached the accused and paid Rs. 10,000/ and requested not to illtreat his sister Sunanda. Thereafter again accused illtreated Sunanda and demanded more amount of Rs.8,000/ after about two months. Hence, brother of complainant, namely Bhagwat paid Rs.8,000/ to accused no.1 and inquired what he did about the earlier amount of Rs.10,000/ which was already paid to them. Thereupon, it was stated that the said amount was spent for plastering to the house and by further amount of Rs.8,000/ they were to complete the electric fitting. It is also alleged that after lapse of about one month, accused no.1 again insulted and taunted the victim. Moreover, they also instructed the complainant to go out of their house and asked him not to visit their house again. It is further alleged that the accused threatened that they have not provided 20 tolas gold as demanded and only provided 5 tolas gold and that they would burn Sunanda for not providing the gold as demanded. According to the complainant, at that time, Ramkrishna Dagadu Patil of Turkheda and Shridhar Vithu Sawadekar of Asoda arrived there and the complainant along with them went inside the house of the accused and tried to persuade his sister. It is alleged that at that time his sister i.e. victim Sunanda disclosed that accused nos. 2 to 4 used to instigate accused no.1 to assault and abuse her, and therefore, accused no.1 used to assault Sunanda.