DILIP VITTHALRAO DHONGALE Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) In this appeal, challenge is to the Judgment and order, dtd. 6/7/2019, passed by the learned Additional Sessions Judge, Yavatmal whereby the appellant came to be convicted for the offences punishable under Ss. 304-B, 306, 506 (II) and 498-A of the Indian Penal Code [for short 'IPC'] and under Sec. 4 of the Dowry Prohibition Act, 1961 [for short 'Dowry Act']. The sentences awarded to him on different counts are as follows:-

(2.) The facts, leading to this appeal, are as follows:

(3.) It is stated that after few months compromise took place between the appellant and the deceased. In view of the compromise, on 1/4/2014, the prayer made by them to compound the offence was granted by the learned Judicial Magistrate First Class at Ghatanji. After compromise and disposal of the criminal case against the appellant, she went back to the house of the appellant. It is stated that again the appellant and his mother started ill-treatment to the deceased on account of failure of her parents to meet their demand of Rs. 50,000/-. It is stated that the appellant had illicit relations with his sister-in-law. The deceased on the date of the incident i.e. 14/5/2014 saw the appellant and his sister-in-law in compromising position. She got annoyed. She disclosed this fact to her mother-in-law, so that the mother-in-law would admonish the appellant. However, the mother-in-law instead of admonishing the appellant scolded the deceased by branding her a rascal. The appellant and the mother-in-law, on this count quarreled with the deceased. The appellant even extended threat to kill the deceased by hanging her from Neem tree. It is the case of the prosecution that after this incident, on 14/5/2014 in the morning, the deceased made a phone call to her sister, who is the informant in this case and disclosed this fact to her. The informant at that time tried to convince the deceased. The informant told the deceased to wait till 12:00 noon and by that time, she would send her father and maternal uncle to the house of the deceased. The deceased, as can be seen from the record, consumed pesticide and tried to end her life.