STATE OF MAHARASHTRA Vs. KAMLAKARNANDRAM BHAWSAR

JUDGEMENT

(1.) THIS is an appeal against the acquittal filed by the state. All the accused - respondents were prosecuted for offence under section 306 read with 34, 498 and 498a of the Indian Penal Code by the Sessions Judge, nashik in Sessions Case No. 131 of 1986.

(2.) THE facts giving rise to the case of the prosecution were as under: deceased Mina was married to accused Kamalakar at Ahmednagar on 27. 4. 1982. She was ill-treated on account of non-payment of sufficient dowry and also because she was black in complexion. She was beaten, driven out of the house. The marriage had taken place due to intervention of Vimalabai who was the maternal aunt of Mina and who was also living in the said village where the accused used to live. Mina used to complain to maternal aunt about the ill-treatment given by the accused. Vimalabai therefore intervened and asked the accused No. 3 mother-in-law to treat Mina properly. Mina went to her parents, stayed there for 6-7 months, when she Was brought back by her mother, she was insulted and sent away. However before January, 1983 she went to stay with them again.

(3.) IN January, 1983 parents of Mina received a telegram of accused No. 1 inquiring if Mina had come to their house. Mina's brother Subhash went to yeola to the house of the accused and he learnt that Mina was staying in the house of one Sarode Talathi. Subhash found that Mina was in very bad condition at the house and she was in semi-dead condition. At that time she told about the cruel ill-treatment given to her by the accused and about severe beating given to her. She therefore requested Subhash to take her away as her life was in danger. Accordingly Subhash brought her back to Ahmednagar. Thereafter Mina stayed with parents for over 7-8 months and filed a petition for maintenance under section 125 of the Criminal Procedure Code. During the pendency of that petition, her husband accused No. 1 approached Subhash asked for a loan, but subhash did not agree. Thereafter maintenance application was decided in march, 1985. The maintenance was not paid but thereafter accused started showing their willingness to keep Mina in their house and then on the pretext of some Satyanarayan Puja Mina was brought back to the house on 16. 2. 1986 and on 28. 4. 1986 Meena was burnt in the house. She was removed to Civil Hospital, nashik. Ultimately because she had 94% of burns on the next day Mina died.