CHETAN Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Applicant in Criminal Application No.649 of 2019 is the accused No.4 and applicant in Criminal Application No.651 of 2019 is the accused No.6 in Sessions Trial No.512 of 2016. They applied for discharge in Sessions Trial No.512 of 2016 arising out of Crime bearing No.103/2016 for the offences punishable under Sec. 304-B, 306, 498-A read with Sec. 34 of the Indian Penal Code, 1860 (for short "IPC"). In view of this, both these applications are being disposed of by the common judgment. The learned Additional Sessions Judge, Nagpur vide order dtd. 12/4/2019 rejected the applications made by the applicants for their discharge.

(2.) The facts relevant for decision of the applications can be summarized as follows: Deceased Ekta and accused No.5 Alop were married on 29/1/2015. Applicants/accused Nos.4 and 6 are the brothers of accused No.5 Alop. Accused No.1, in the case, is the mother of the applicants. Accused No.2 is the father of the applicants. Accused No.3 is the wife of the accused No.6.

(3.) The crime came to be registered on the report lodged by brother of the deceased on 24/2/2016. Deceased committed suicide on 24/2/2016. It is the case of the prosecution that after marriage, for some time, the deceased stayed with the accused persons at their house at Nagpur. Accused No.5 Alop and accused No.6 Anup are serving in Army. Deceased Ekta and accused No.5 Alop went to Jammu and Kashmir at the place of posting of Alop. They stayed there till December, 2015. It is stated that after 2-3 months of the marriage, the accused started ill-treating the deceased. They were alleging that the deceased was not able to do the household work. The deceased was also forced to do the extra household work. The accused demanded money of the share of the deceased from the informant and his mother. The deceased did not agree for the same. She did not pay any heed to their demand. On that count, the accused tortured and ill-treated the deceased.