BABASAHEB JANKU HINGE Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Heard the respective learned counsels for the parties.

(2.) The applicant takes exception to the judgments and orders of the conviction of the learned 4th Adhoc Assistant Sessions Judge, Ahmednagar, passed in Sessions Case No.106 of 2002, dtd. 21/9/2002 and in Criminal Appeal No.42 of 2002 of the Additional Sessions Judge, Ahmednagar, dtd. 8/10/2004.

(3.) The facts of the case in brief were that the applicant married the deceased on 11/12/2001. She went to cohabit with him. It has been alleged that two months after the marriage, the deceased and the accused went to the house of his in-laws. They stayed there for one day. During the stay, the accused demanded Rs.70,000.00 from the complainant to purchase the motorcycle and plaster the house. The complainant expressed her inability to fulfill his demand due to her poor financial condition. The accused demanded the money in front of her son Sagar and daughter Bharati. On 25/4/2002, the complainant had been to the marriage at Dahigaon with her daughter Bharti. There, the deceased Swati also came. She complained that the accused were beating, abusing and illtreating her for non-fulfilling their demand of Rs.70,000.00. Her daughter P.W.2 Bharti requested the complainant to allow her to stay with Swati for 4-5 days at her home. Twelve days thereafter, the accused went to leave Bharti to the complainant's house. That time, again, he demanded Rs.70,000.00 and threatened that she should keep the money ready; otherwise, she would see what would happen in future. The deceased committed suicide by hanging in the house of the accused on 12/5/2002. One Nana Shripati Mhaske lodged a report of the incident on the same day to the Police Station. The police registered the accidental death case. After that, the complainant gave her statement on 13/5/2002, making the above allegations. Therefore, Police Station Nagar Taluka registered Crime No.68 of 2002 against the accused and his relatives under Sec. 498-A and 306, read with Sec. 34 of the I.P.C.