SALUBAI BHAGWAN CHOUDHARI Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) THE two appellants who are the mother-in-law and the husband of the deceased wife Lata stand convicted for offences under Section 306 read with Section 34 I. P. C. and Section 498-A read with Section 34 I. P. C. in respect. of which they were awarded rigorous imprisonment for three months and to pay a fine of Rs. 1000/- in default rigorous imprisonment for one month under the first head and rigorous imprisonment for three months and to pay a fine of Rs. 1000/-in default rigorous imprisonment for one month under the second head of charge. The prosecution alleged that the deceased Lata on 5-4-1984 at about 2. 00 p. m. set fire to her clothes and she had sustained extensive burn injuries. Her dying declaration was recorded on that night in which she stated that it was because of the harassment from the mother-in-law that she had committed. suicide. The Police arrested the husband and both the parents and charge-sheeted them but the Learned Trial Judge acquitted the father on the ground that there was no evidence against him. The two appellants challenge the validity of their conviction through the present appeal,

(2.) MR. Kumbhar, the Learned Counsel appearing on behalf of the appellants has pointed out to me that the conviction under Section 306 read with Section 34 I. P. C, is misconceived as there is no material on record to sustain this charge. He has taken me through the deposition of all the witnesses as also a scrutiny of the dying declaration and the communications that the prosecution brought on record and after examination of the totality of the evidence Mr. Kumbhar submits that there is virtually nothing on record to indicate that either of the accused could have abetted the suicide. He submits that even if the death has taken place within seven years of the marriage that the prosecution would still have to show that the accused had in some way been instrumental in the act of suicide and in the absence of any such nexus being established, in law, this conviction would have to be set aside.

(3.) THE learned A. P. P. has pointed out to me references in the record to the effect that the mother-in-law was illtreating the girl which she has said in her dying declaration and there is the evidence of her father, her brother and of a neighbour which suggest that this position was true. It appears from this evidence also that the husband was from time to time not treating the wife well and that he was subjecting her to cruelty. While this evidence may be good enough to sustain a conviction under Section 498-A I. P. C. to my mind, the material is too weak and too disjointed and too far in point of time to sustain the conviction under Section 306 read with section 34 I. P. C. To this extent Mr. Kumbhar's submission is liable to be upheld and the conviction and sentences awarded under Section 306 I. P. C- are accordingly set aside.