DEEPAK BHIMRAO BHARNE Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) THE present appeal is arising out of the conviction and sentence ordered by the learned 2nd Additional Sessions Judge, Yavatmal in sessions Trial No. 60 of 1994. The learned trial Court has sentenced the appellants to suffer rigorous imprisonment for seven years and to pay fine of rs. 1000/-, in default, to suffer further rigorous imprisonment for six months for the offences under section 306 read with section 34 of the Indian Penal code and to suffer rigorous imprisonment for one years and pay fine of Rs. 500/-, in default, to suffer further rigorous imprisonment for three month for the offence under section 498-A of the Indian Penal Code.

(2.) SUNITA who was married to appellant No. 1 met with suicidal death at village Aakpuri, the place of her father. The prosecution has come out with the story that initially dowry of Rs. 5000/- was given to the appellant No. 1. Later on, the accused raised demand of Rs. 10,000/- for the purpose of installation of pan shop. Immediately, prior to the suicide deceased Sunita was residing with her father. She had, however, gone to Ghatanji, the place of her husband where, according to the prosecution, she was driven out of house and met with ill-treatment such as beating etc. at the instigation of other accused persons. During investigation, amongst other police drew inquest panchanama and it has been recorded therein that when the blouse and brassiere of the deceased were opened, a chit under her hand-writing was found which was regarded as suicide note.

(3.) AT the trial, the prosecution examined various witnesses to prove inquest panchanama; recovery of suicide note and other chits which are also considered as suicide notes by the prosecution. One Vimal Shamrao Bawane, friend of deceased Sunita, is examined as P. W. 6 to prove the hand-writing of deceased Sunita. Besides other witnesses, the prosecution has also examined father and sister of deceased Sunita. The case of the prosecution, thus, rests upon the proof of cruelty harassment or ill-treatment by the accused persons on account of dowry demand which is sought to be corroborated by the version of the deceased as contained in the suicide note.