STATE OF MAHARASHTRA Vs. SURESH DADA AHER

JUDGEMENT

(1.) This is an appeal impugning an order and judgment dated 31st March 2006 passed by the 5th Ad-hoc Additional Sessions Judge, Nashik, acquitting respondent (accused) of offences punishable under Section 498(A) (Husband or relative of husband of a woman subjecting her to cruelty) read with Section 306 (Abetment of suicide) of the Indian Penal Code (IPC).

(2.) On 16th March 2021 since nobody appeared for respondent, this Court appointed Ms. Spenta Havewala, Advocate to represent respondent and assist the Court. Before I proceed with the case, I must express my appreciation for the assistance rendered and endeavour put forth by Ms. Havewala, Advocate.

(3.) It is prosecution's case that accused was married to one Malti on or about 2nd May 1985. They had three children, a daughter by name Vidula, who is DW-2 and two sons. According to prosecution, the initial 5 to 6 years accused and Malti lived happily but thereafter, accused started tormenting Malti and harassing her by making demand for purchasing a house. It seems accused and his relatives used to allege that sufficient dowry was not brought by Malti. Accused used to also assault Malti. Because of this constant harassment, the father of Malti - Kashinath P. Birari (PW-3), who had four daughters including Malti, purchased a plot of land in or around Nashik in the name of Malti. Accused was unhappy with that and was insisting that the land should be transferred in his name. His relatives also used to instigate accused. It is prosecution's case that accused would come drunk, not provide any money for running the household and used to hit Malti on her head and would pretend that Malti had some mental problems. Accused used to also pressurize Malti to agree for a divorce so that he could remarry and once even published a notice of divorce to Malti in a local newspaper. Because of this constant mental and physical harassment, Malti got very disturbed and during those times, accused would admit Malti to a Mental Hospital. According to prosecution, these were all schemes of accused to create evidence that Malti had turned insane and he would take Malti to different Doctors to ensure that Malti never got cured.