STATE OF MAHARASHTRA Vs. SITABAI RAMBHAU NIGADE

JUDGEMENT

(1.) This is an appeal impugning an order and judgment dated 10th July 2008 passed by the Court of Sessions Judge, Pune, acquitting three respondents (accused) of offences punishable under Sections 498 (A) (Husband or relative of husband of a woman subjecting her to cruelty), 306 (Abetment of suicide) read with Section 34 (Acts done by several persons in furtherance of common intention) of the Indian Penal Code (IPC).

(2.) One Muktabai got married to one Maruti. The date of marriage is not clear. Maruti's mother was accused no.1 Sitabai Rambhau Nigade. Maruti's sister was accused no.3 Shantabai Hanumant Pilavare. Maruti also had a cousin by the name Vishnu Nigade (accused no.2), who was a Police Patil. Maruti used to work at Mumbai in a restaurant and return to his village twice or thrice in a year. Muktabai used to live with her mother-in- law, accused no.1. Prior to Maruti marrying Muktabai, accused no.3 was already married and she was residing in her matrimonial home in a village about 8 or 9 kms. away from the house where Muktabai was living with her mother-in-law. Muktabai committed suicide on or about 26th November 2005, approximately three years after marriage.

(3.) After her marriage, Muktabai went to reside at the house of accused no.1 where the husband of accused no.1 also used to reside. For two years life was smooth for Muktabai and there were no complaints whatsoever against her in-laws by Muktabai. Accused no.2 thereafter got married and soon thereafter, his wife got pregnant. That was the trigger for harassment meted out to Muktabai by the accused. The harassment was sarcastic comments and calling Muktabai vanzoti (barren lady). Muktabai had not conceived even after two years of marriage and therefore, she was subjected to ill-treatment and also asked to leave the house.