STATE OF MAHARASHTRA Vs. IBRAHIM KALUBHAI KAZI

JUDGEMENT

(1.) THIS appeal against acquittal filed by the State takes exception to the judgment and order passed by the Additional Sessions Judge, Pune dated March 27, 1987 in Sessions Case No. 256 of 1986. The respondent original accused Nos. 1 along with two others, was charged under sections 498-A and 306 read with section 34 of the Indian Penal Code, on the ground that they subjected Saira to cruelty of grave nature, which resulted her in committing suicide by setting fire on 17th September, 1985 at Chakan and thereby resulting in her death on 19th September, 1985 in Sasoon Hospital, Pune. The charge as framed against the accused 1 to 3 reads thus:-

(2.) BRIEFLY stated, respondent original accused No. 1 was married to Saira on 24th March, 1984. Original accused No. 2 is the mother of accused No. 1 and mother-in-law of deceased Saira. Whereas, original accused No. 3 is the sister of accused No. 1 and sister-in-law of deceased Saira. The prosecution case in substance is that after the marriage, Saira started living with her husband at her matrimonial home. She was being ill-treated by her husband, who was addicted to drinking. The said Saira later on stayed with her father at Supe, District Pune, where she has disclosed that she was being ill-treated by the accused. Inspite of this, the father of Saira invited accused No. 1 and his parents for the Urus which was to take place in August, 1985 at his village. Pursuant to the said invitation, accused attended the said Urus. Soon thereafter, the father of Saira had bethoral ceremony of cousin brother of Saira for which the accused was also invited. That was 15 days after the Urus ceremony. At that time, it is stated that accused No. 1 demanded sum of Rs. 10,000/- from Sairas father Shaikh Hussein P. W. 3 for enabling him to start some business. It is the prosecution case that when Saira was staying with her father, she had disclosed to her family members that she was being ill-treated and the accused was demanding sum of Rs. 10,000/ -. The said Saira thereafter, joined the accused at the matrimonial home. Soon thereafter, on 17th September, 1985, the incident in question occurred at about 10. 30 a. m. when the accused were not present in the house. Saira set fire to her saree and in that condition, she came out of the house and sought help of the neighbours who managed to extinguish the fire. Since the accused got this information, they rushed Saira to Sasoon Hospital. Statement of Saira was recorded purported to be dying declaration, in which she has not made any incriminatory statement against the accused, but stated that fire was caught accidently while she was working. As mentioned earlier, Saira succumbed to burn injuries on 19th September, 1985. Thereafter, application Exhibit 20 was sent by the father of deceased Saira P. W. 3 to Chakan Police Station which was treated as complaint and investigation proceeded further. On that basis, panchanama of scene of offence was recorded on 22nd September, 1985, but nothing incriminating was found on the spot. Eventually, after investigation, offence was registered under C. R. No. 22 of 1986 on 7th February, 1986 and charge-sheet came to be filed after arrest of the accused on 27th February, 1986. The accused pleaded not guilty and claimed to be tried. The Judicial Magistrate, First Class, committed the case to the Court of Sessions, Pune, who framed the aforesaid charge. After the trial, Sessions Court, on analysing the evidence on record, found that the prosecution has failed to establish the fact that Saira committed suicide. On the other hand, in all probability, she met with an accident sustaining burn injuries. The trial Court, therefore, held that the case was obviously not covered by section 498-A of the Code, but still proceeded to examine the prosecution case of harassment caused to the deceased Saira by the accused. On meticulously analysing the entire evidence, the trial Court has found that there is no specific evidence against accused Nos. 2 and 3 at all of having subjected Saira to cruelty as alleged. As regards the case of beating of Saira, the allegation was only against accused No. 1. In so far as the allegation regarding not providing food to Saira is concerned, even that has been negated by the trial Court, on analysing the evidence on record. In so far as the allegation of demand of Rs. 10,000/- is concerned, even that has been rejected by the trial Court, holding that there is material contradiction in the case, as made out by the prosecution with regard to this allegation. Accordingly, the trial Court found that no offence under section 498-A, much less, under section 306 read with section 34 of the Indian Penal Code was made out against any of the accused. The trial Court was pleased to acquit all the accused in respect of the charges levelled against them and set them at liberty by the impugned judgment and order.

(3.) THE present appeal has been filed by the State against order of acquittal only against accused No. 1. Learned A. P. P. submits that no appeal has been filed against the order of acquittal in favour of accused Nos. 2 and 3. Although, respondent original accused No. 1 has been served, none appears.