BHARAT PANDURANG PATIL Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) This Appeal impugns the correctness of the judgment of conviction and order of sentence both passed by the learned 3rd Ad-hoc Additional Sessions Judge, Palghar on 7th September, 2006 in Sessions Case No. 322of 2001. By the impugned judgment, the Appellant/accused who is husband of deceased Yogita @ Mina was found guilty and convicted 850.7.4.11 under Section 306 of IPC abetment of suicides and sentenced to suffer R.I. For 3years and fine of Rs. 3000/- i.d. R.I. For six months and Section 498-A IPC. husband or relative of husband of a woman subjecting her to cruelty and sentenced to suffer imprisonment for 10 years and fine of Rs. 5000/- i.d.R.I. for one year. Yogita @ Mina died due to poisoning.

(2.) The Appellant was earlier on bail during trial was taken into custody after the impugned order of conviction and is reported to be in jail.

(3.) The points raised in the appeal by the defence is that without recording any specific finding on the point of suicide due to poisoning the learned trial court convicted the Appellant for the charge of abetment of suicide in the backdrop of certain evidence stating about the alleged cruelty during 1995 to 2nd May, 2001 and harassment by the Appellant and as such, according to the defence there is no director convincing evidence on both charges of abetment of suicide so also charge of cruelty.