VISHWANATH NAMDEO SHIRSAT Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) THE accused who is convicted and sentenced for offence under sections 306 and 498-A of the Indian Penal Code in Sessions Case No. 94 of 1987 by the learned Additional Sessions Judge, Hingoli, on 3-12-1990, has filed this appeal against the said order of conviction and sentence. The prosecution case is as follows.

(2.) ON 17-11-1986, Narayan Magar lodged a report at Police Station, Goregaon, that his sister Sushila died on that date. Her marriage had taken place with Vishwanath Shirsat, the present accused, about 7 years back and he had doubt about the cause of death. He also reported that Sushila was being treated with cruelty. There was demand of money always and her husband was beating her. On the basis of this report, A. D. No. 19/1986 was registered and the police started the inquiry.

(3.) DURING the course of inquiry, statement of Gangaram Magar, father of Sushila, was recorded and he gave details regarding how and when marriage took place, how there was the demand of money and other articles from the accused Vishwanath and his parents. That statement was treated as a F. I. R. Crime was registered an then further investigation was carried out. Dead body of Sushila was sent for post mortem examination. The doctor reported that the cause of death was consumption of poison. Statements of witnesses were recorded and then charge-sheet was submitted against Vishwanath, his father Namdeo and his mother Shantabai for offences punishable under sections 306 and 498-A both read with section 34 of the Indian Penal Code.