BHISHMACHARYA Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Heard learned counsel for the applicants and learned APP for the State.

(2.) The deceased has committed the suicide in the house of the applicants after around four years of her marriage. Since the deceased committed suicide, the father lodged the report making allegations that at the time of marriage, the dowry of Rs.50,000.00 was agreed; however, he paid Rs.30,000.00 and promised to pay Rs.20,000.00 within a short time. Since the remaining amount of Rs.20,000.00 was not paid, all the applicants were ill-treating the deceased. Since the deceased could not tolerate the ill-treatments for non-payment of the remaining dowry of Rs.20,000.00, she committed suicide. On that report, the present crime has been registered.

(3.) Learned counsel for the applicants would submit that there was no question to demand Rs.20,000.00 towards dowry as it was not the contract. They have maintained the deceased well for four years. Within four years, there were no complaints about ill-treatment. The deceased was short tampered. The FIR itself discloses that ten days before the incident, the father-in-law of the deceased took her to her parents home as her grandfather was ill and brought her back on the same day. If really she had ill-treatment to such an extent, she would not come with the father-in-law. But the story has been cooked making the allegations that she made the complaints that she has been harassed for the dowry. He has also argued that considering the financial condition of the applicants, it was unexpected that they would harass and ill-treat the deceased for such a meagre amount of Rs.20,000.00. Applicant no.2, the brother-in-law is serving at another place; however, he never harassed and ill-treated the deceased for dowry or any other reason. On the contrary, he was taking care of two years child of the deceased. The report lodged against may be out of frustration. Not a single date of the alleged incidents has been mentioned. Since the complainant was well aware that the deceased was short tampered; hence, every time he was patching up and the applicants were respecting him and maintaining the deceased. But due to her short tampered nature, she brought the applicants in problem. They are languishing in jail since 8/10/2022. Nothing is to be recovered from them.