STATE OF MAHARASHTRA Vs. JAYPRAKASH KRISHNA MANGAONKAR

JUDGEMENT

(1.) THIS appeal as well as the accompanying Revision Application are directed against the judgment and order passed by the Sessions Court, Sawantwadi at Sawantwadi, dated February, 16, 1987, in Sessions Case No. 50/1985. This appeal has been filed by the State of Maharashtra against the order of acquittal whereas the revision has been filed by Balkrishna Dhondu Parkar, father of the deceased. The respondents-original accused Nos. 1 to 3 were tried for the commission of offence punishable under sections 306, 498-A read with 34 of the Indian Penal Code.

(2.) BRIEFLY stated, the accused No. 1 is serving in Naval Dockyard at Bombay since 1978, whereas the accused Nos. 2 and 3 are his parents who were residing in the village at Dhabole, Taluka Sawantwadi, District Sindhudurg. Accused No. 1 married Shubhangi of village Hindoli, Taluka, Deogad on 13th April, 1984 and after the marriage she was christened as Shital. It is the prosecution case that the marriage suffered rough weather. In October 1984 accused No. 1 filed divorce proceedings against his wife on account of the impotency of the wife. However, accused No. 1 was persuaded to withdraw the said proceeding and, which were infact withdrawn. It is the case of the prosecution that since after the marriage the accused No. 1 started harassing the said Shital by falsely complaining that she was not doing any house work properly. She was also denied proper meals and was required to work like a maidservant in the house. It has also come on record that there was misunderstanding between the accused No. 1 and his wife Shital on account of marital bliss between them. The prosecution case is that the accused No. 1 agreed to withdraw the divorce proceedings only after being assured that he would be paid a sum of Rs. 10,000/- towards the cost of litigation incurred by him and that accused No. 1 had assured that he would look after Shital properly in future. However, soon thereafter on 27th February, 1985 said Shital was reported to be unconscious having consumed poison and when taken to the hospital was declared already dead. It appears that necessary inquiry was undertaken by the local Police Officer who subsequently lodged F. I. R. Exhibit 19. After the investigation was completed charge-sheet came to be filed and matter stood committed to the Court of Sessions at Sawantwadi. The accused pleaded not guilty and claimed to be tried. The prosecution in order to establish its case examined in all eight witnesses; Besides, relied on some of the letters exchanged between the parties. The trial Court after having analyzed the evidence of each of the prosecution witnesses and documentary evidence, by a well reasoned and detailed order recorded acquittal in favour of the respondents. The applicant in the accompanying revision application preferred revision before this Court challenging the order of acquittal. Thereafter the State preferred the present appeal. Accordingly, both the appeal as well as revision application have been directed to be heard together and are being so decided together.

(3.) WITH the assistance of the learned A. P. P. as well as Mr. Sabnis, Advocate for the applicant in the revision application and Mr. Khandeparkar for the respondents-accused, I have gone through the entire evidence and documents on record, including the judgment of the lower Court.