RAMESH RAMA UBALE Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) THE Judgment of the Sessions Judge in Sessions Case No. 146 of 1985 decided on 27th march. 1986 is impugned in this appeal.

(2.) APPELLANT No. 1, Ramesh, who was original accused No. 1, and Appellant No. 2, Janabai are the son and mother who were charged for having committed offences punishable under Section 306 read with Section 34 and Section 498 A of the Indian Penal Code for having abetted the commission of suicide on account of cruelty caused to her by the Appellants.

(3.) THE case of the prosecution was that the deceased Ranjana was the daughter of Ramchandra punja Gore (P. W. I) of Igatpuri. Ranjana was married to Accused No. 1 some eleven months prior to the incident. She used to visit her parents house and once she was got medically treated by her parents. After four days of treatment, accused Ramesh came to the house of his in-laws in a drunken state and after quarrelling with them took away his wife, to his house. Further case of the prosecution was that thereafter one month she complaint to her mother that she was being illtreated by accused Ramesh and his family members. Again 7-8 days prior to the incident, accused Ramesh and Ranjana visited her parents house and stayed their for two days and went back. The case of the prosecution further was that on 22. 4. 1984 Ranjana sent a message with one nanubai Hari Manohar (P. W. 4) to visit her house as she was being illtreated. The said message was received by their daughter Usha (P. W. 5), the sister of Ranjana. On receipt of the message, ramchandra (P. W. 1) decided to visit her house and, therefore, he contacted his brother-in-law, khachru Salve. Next day morning at about 10 a. m. they all went to the house of the accused. Rama Ubale and his children were in the house. There Ramchandra made enquiries with her daughter about the illtreatment. Her daughter Ranjana spoke in presence of all including her father-in-law Rama that accused Ramesh beats her up under the influence of liquor, untie her saree and press her neck. Ramchandra. hence advised Rama to see that everyone at house behaves properly and particularly accused Ramesh. Otherwise they would take back Ranjana. While Ramchandra and others were leaving, it is the case of the prosecution that Ranjana gave out her apprehension to her mother that her husband and mother-in-law will create a Tamasha in the evening on their return from duty because of the visit by her parents and relatives. In the evening Kachru Salve came to the house of Ramchandra and informed him that Ranjana had been admitted in the hospital. Ramchandra was not in the house but phone message came to be delivered. In the meanwhile, Sakubai went to the hospital and found that Ranjana had expired. She suspected that the accused persons must have killed her. The report was made by the medical officer to the police after she was admitted in the hospital. P. S. I. Gajanan, Khairnar (P. W. 6) investigated the complaint and on completion thereof, the charge-sheet came to be filed.