RAMDAS DHONDU KALATKAR Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) . This is an Appeal under sec. 374 of Cr.P.C. directed against the judgment and order dtd. 20/10/1997 in Sessions Case No.453/1995, Pune.

(2.) By the impugned judgment, the learned Assistant Sessions Judge, Pune, has held the Appellants (hereinafter referred to as the accused) guilty of offences under Sec. 498-A and 306 of the Indian Penal Code. The accused no.1 is sentenced to undergo rigorous imprisonment for three years with fine of Rs.2,000.00 in default simple imprisonment for two months for offence under sec. 306 of IPC whereas, the accused no.2 was sentenced for the said offence simple imprisonment for six months with fine of Rs.1,000.00 in default to undergo simple imprisonment for one month. No separate sentence has been awarded in respect of offence under sec. 498-A of IPC.

(3.) The case of the prosecution in brief is as under :- The deceased Janabai was married to the accused no.1 Ramdas Dhondu Kalatkar. They had two daughters from the said wedlock. The first daughter died an accidental death. It is the case of the prosecution that after the delivery of the second child, the parents of Janabai brought her home. When she returned to her matrimonial home, she found that the accused no.1 was living with the accused no.3 Bharti. Janabai complained of ill-treatment at the hands of her husband (accused no.1), mother-in-law (accused no.2) and Bharti (accused no.3). The parents and the brother of the deceased Janabai intervened and tried to convince accused no.1- Ramdas as well as accused no.3 Bharti not to ill-treat Janabai. It is also alleged that the accused no.1 and Bharti continued ill-treating and harassing Janabai. On 09/10/1992, said Janabai committed suicide by jumping in a well alongwith her daughter. Accidental death No.73/1992 came to be registered. Body of the deceased was sent for post mortem. The post mortem confirmed that the death of Janabai was due to asphyxia due to drowning.