STATE OF MAHARASHTRA Vs. MOHAN VITTHAL CHAVAN

JUDGEMENT

(1.) This is an appeal impugning an order and judgment dated 13 th December, 2005 passed by the 3rd Additional Sessions Judge, Thane acquitting the respondent (hereinafter referred as accused) of offence punishable under Sec. 498-A (Husband or relative of husband of a woman subjecting her to cruelty) and 306 (Abetment of suicide) of the Indian Penal Code.

(2.) Accused was married to Jagruti who committed suicide on or about 06/10/2003. The marriage had taken place four years before the incident. The couple also had a son who was 2 1/2 years old. Accused worked as a constable in Thane Jail and was residing with Jagruti in the police jail quarters. It is prosecution's case that Jagruti was being ill treated by accused and on 06/10/2003 Jagruti unable to bear the harassment, committed suicide. It is alleged that suicide of Jagruti by hanging was communicated to P.W. 2, mother of Jagruti by accused who had also stated to P.W. 2 that the previous night he had quarreled with Jagruti and that he had slapped her.

(3.) After the incident, information was supplied by accused to police which was recorded as accidental death. An enquiry was conducted by one PSI Sonawane (who was not a witness) and on 08/10/2003 complaint was lodged by one Narayan Jankiram Lohar (P.W. 1) brother of Jagruti. An offence was accordingly registered. Investigation was carried out by PSI Patil (P.W. 6) attached to Thane Nagar Police Station. After recording statements of witnesses, drawing spot panchanama, obtaining postmortem report etc., charge-sheet was filed. Accused pleaded not guilty and claimed to be tried.