ANGAD Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) This appeal is filed challenging the judgment and order dated 12.02.1999 passed by the IInd Additional Sessions Judge, Osmanabad in Sessions Case No. 110/1995, thereby convicting the appellant Nos. 1 to 3 for the offence punishable U/Sec. 498A, of the I. P. Code and further convicting the appellant No. 1 for the offence punishable U/Sec. 304II of the I. P. Code.

(2.) Brief facts of the prosecution case are as under : Deceased Chabu was the daughter of the complainant Vinayak Argade r/o Katri, Tq. Tuljapur. Her marriage was performed with accused No. 1 Angad four years before the incident. She cohabited with him at village Gaudgaon, Tq. Osmanabad in the house of accused No. 1 Angad where the accused Nos. 2 to 6 were also residing. The accused No. 2 Rajendra and the accused No. 6 Malan are the parents of the accused No. 1 Angad, while the accused No. 3/Lahu, accused No. 4/Nandu and accused No. 5/Ankush are his brothers. The matrimony of the deceased Chabu was peaceful for initial 2 years. During this period she begotten a son from accused No. 1 Angad. Thereafter, the accused persons started illtreating the deceased Chabu for the demand of half tola gold, cloths in token of karnidharni. They also wanted that her father should arrange a programme of GharGhusni and to honour them by offering cloths. Deceased Chabu disclosed this fact to her parents. Therefore, at the time of panchami of the last year of her death the complainant arranged such programme and offered cloths to the accused persons by calling them to his village. He also offered them half tola gold ring. Thereafter also deceased Chabu disclosed him about illtreatment for the reason of karni dharni. She disclosed that accused again wanted half tola gold, cloths etc. and they were assaulting her for that reason. She also disclosed that accused did not provide her food, coconut oil, soap and other things of daily need. At the time of panchami 1994 the complainant brought deceased Chabu to his house and she disclosed him that accused persons demanded half tola gold ring and threatened that if she did not bring it, it would be difficult for her to live. The complainant convinced her and sent for cohabitation.

(3.) On 13.10.1994 at about 2.30 p.m. the accused No. 2 Rajendra went to complainant s house and told that she was not feeling well. The complainant went to Gaudgaon at about 5.00 p.m. to see the deceased Chabu and saw that she was rolling in the cattle shed due to pains and not able to speak. The complainant asked the accused as to why she was not taken to hospital but they pretended that the hospital was closed. Then complainant started taking her to the hospital in the bullock cart but she expired on the way. The complainant sent her dead body to Gaudgaon and he himself went away to Katri for collecting his kinsmen. He returned to Gaudgaon in the evening. Thereafter, he lodged complaint in the police station (Exhibit 39). Crime No. 105/1994 was registered and PSI Mukeri started the investigation.