PRABHAKAR K GHATE Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) THE appellant (original accused No. 1) was prosecuted along with his father (accused No. 2) and elder brother (accused No. 3) for the offences punishable under Sections 306, 304-B and 498-A of the I. P. C. They were tried by the Additional Sessions Judge, Khamgaon, who by his judgment dated 19-12-1990 in Sessions Trial No. 22/1989 acquitted accused Nos. 2 and 3 of the charges and convicted the appellant for the offences punishable under Sections 304-B and 498a of I. P. C. and sentenced him to suffer R. I. for seven years and to pay a fine of Rs. 2000/- or in default to undergo rigorous imprisonment for one year for the offence punishable under Section 304-B and to suffer rigorous imprisonment for three years and to pay a fine of Rs. 500/- or in default to undergo rigorous imprisonment for six months for the offence punishable under Section 498-A of the I. P. C. Both the sentences were ordered to run concurrently. The appellant has challenged the said conviction and sentence.

(2.) THE facts which are not disputed are that the marriage between the appellant and Kusum, the daughter of PW1 Pandhari Kisan bochare resident of Ghirani, district Buldana took place on 12-6-1987. After her marriage, Kusum went to cohabit with the appellant at village Lipana, taluka Khamgaon, district Buldana. Out of the wedlock, she delivered a daughter, Kusum, however, died on 15-2-1989. Her death was in a mysterious circumstances in a well situated in the field.

(3.) THE case of the prosecution is that after marriage, the appellant and his parents demanded buffalo, radio, watch motor pump etc. to PW1 Pandhari through Kusum. PW1 Pandhari supplied certain articles to secure happiness of his daughter Kusum. However, he was unable to provide motor pump to the appellant. The appellant also insisted PW1 Pandhari to secure a job for him which could not be secured for all these demands, the appellant and his parents harassed Kusum. They ill-treated her. The ill-treatment became unbearable to Kusum which ultimately resulted in her death in mysterious circumstances.