LAWS(BOM)-2011-2-41

SHESHRAO Vs. STATE OF MAHARASHTRA

Decided On February 01, 2011
SHESHRAO S/O SITARAM SURYAWANSHI Appellant
V/S
STATE OF MAHARASHTRA Respondents

JUDGEMENT

(1.) This appeal is preferred by the appellant/original accused No.1 against the judgment and order of conviction dated 01.02.1999 passed by the learned Additional Sessions Judge, Osmanabad in Sessions Case No. 89/1997 thereby convicting the appellant for the offence punishable U/Sec. 498A of I.P.C.

(2.) Brief facts of the prosecution case are as under : Kondiba Pandurang Dengale lodged F.I.R. to Osmanabad City Police Station contending that, deceased Savita was his daughter. Her marriage was performed with accused No. 1 on 15.08.1995. Prior to the marriage of his daughter, accused No. 1 was married with a girl Meena. She had a son from accused No. 1. Meena and her minor son died due to drowning in the well and accused No. 1 was prosecuted under section 306 and 498A of the Indian Penal Code. Subsequently, after death of Meena, accused No. 1 performed marriage to Savita. Savita was cohabiting at the house of accused. Accused No. 2 is father of accused No. 1 and accused No. 3 is mother of accused No. 1. When Savita was cohabiting at the house of accused, she was ill-treated by all the accused. They were demanding Rs. 50,000/- to be brought from her parents house. The financial position of Kondiba was very poor and therefore, he was unable to pay Rs. 50,000/- demanded by the accused and on that count Savita was ill-treated by all the accused. She was beaten by all the accused, she was abused and she was starved. Mode of her ill-treatment was of unbearable nature and therefore, Savita was not ready for cohabitation at the house of accused. Savita came to house of the complainant for letter to the complainant regarding ill-treatment of Savita. Therefore, he went to the house of accused on 30.11.1996 and he brought Savita to his house. After some days i. e. on 09.12.1996 accused No. 1 came to the house of complainant in order to take Savita for cohabitation. At that time, there was a quarrel between accused No. 1 and Savita and her mother. At the same time Savita was refusing to go for cohabitation and as she was ill-treated of unbearable nature, her mother was also not ready to send her for cohabitation. But on very day accused No. 1 took Savita for cohabitation. While taking her, there was a quarrel and he abused to the wife of complainant as well as Savita. On the very day, he threatened that if the parents of Savita will not pay the amount of Rs. 50,000/- they should see what he is going to do within one month and subsequently Savita was taken by him to his own house.

(3.) On 16.01.1997 complainant received information that his daughter Savita and her minor daughter Radha died due to drowning in the well and she has been brought to Osmanabad Civil Hospital. Therefore, he went to the Civil Hospital along with his wife and other relatives. He saw dead body of his daughter Savita and her minor daughter Radha. He received information that Savita and her minor daughter Radha died due to drowning in the well. Then dead body of Savita and Radha was sent for autopsy and postmortem was performed.