MITHAILAL JAGRAM GUPTA Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) THE appellant has preferred this appeal through jail against the judgement and order dated 17-5-2002 passed by the IIIrd Adhoc Additional Sessions Judge, Thane. The said judgment and order is passed in Sessions Case No. 397/99. By. the said judgment and order, the appellant came to be convicted under section 498-A, Indian Penal Code and sentencedt suffer R. I. for 3 years and fine of Rs. 3000/- i. d. S. I. for one year. He was also convicted for the offence punishable under section 306 Indian Penal Code and sentenced to suffer R. I. for 5 years and fine of Rs. 5000/- i. d. S. I. for one year. Both the sentences to run concurrently.

(2.) IT is the prosecution case that the appellant was married to Pushpa (deceased) on 26-10-1998. After the marriage, the appellant started suspecting the character of his wife and hence, he started ill-treating her and harassing her. This fact was disclosed by Pushpa to the complainant who is her brother i. e. Kamlakant Gupta (PW 1) as well as PW 2 Madhuri Gupta who is the wife of kamlakant Gupta. On 20-2-1999, the appellant informed the complainant on the phone to take back Pushpa immediately as he is not willing to co-habit with her. The complainant and his wife and some other relations went to the house of the appellant. At that time, the appellant asked them to take back Pushpa with them as she used to leave the house without his consent and she might have been wandered with someone as she had slept with someone prior to his marriage with pushpa. Complainant and others tried to convince the accused and they came back to their house leaving Pushpa at the house of the appellant. Some days thereafter, the complainant was informed that Pushpa committed suicide in the house of appellant by hanging herself. When the complainant, his wife and others reached the house of the appellant, panchnama was going on. It appears that on the night of the incident i. e. 20-2-1999 itself, the accused had informed about the death of wife by lodging report on the basis of which A. D. R. No. 16/ 99 had been registered. The concerned I. O. recorded the statement of the relatives of the deceased on 21-2-1999. On the basis of the report of the complainant, C. R. No. I-59/99 came to'be lodged for the offence punishable under sections 498-A and 306 Indian Penal Code. The appellant came to be arrested on 23-2-1999.

(3.) THEREAFTER, in due course, the trial commenced. The charge came to be framed under sections 498-A and 306, Indian Penal Code and at the end of the trial, the appellant came to be convicted under sections 498-A and 306, Indian penal Code as stated above. Hence, this appeal.