STATE OF MAHARASHTRA Vs. SANTOSH

JUDGEMENT

(1.) The Appeal is filed against judgment and order of Sessions Case No. 39/1998 which was pending in the Court of I Adhoc Assistant Sessions Judge, Ambejogai, Dist. Beed. The respondent came to be convicted for offence punishable u/s. 498A of IPC but he came to be acquitted of the offence punishable u/s. 306 of IPC and so the Appeal is preferred. Both sides are heard. This Court has perused original record.

(2.) Deceased Ujwala was sister of complainant Gopal Phutane. The deceased was given in marriage to accused more than 8 years prior to the date of incident. The deceased gave birth to two issues from the accused and after that, ill treatment was started to her. Accused was asking deceased to bring Rs. 10,000/- from her parents and on that count, he was driving her out of matrimonial house. Due to the dispute, deceased then started living with her brothers and she stayed there for more than 8 months.

(3.) On 28/6/95, the deceased went to the accused to resume cohabitation. She wanted that accused should take a room on rent basis for her and there, he should keep her. She did not want to live with the husband in the house where the mother of husband was living. Husband did not make such arrangement. Ultimately, on 1/7/95, the deceased set herself on fire in the house of the husband and she died on 2/7/1995. Gopal gave report on 3/7/95.