GORAKNATH KALURAM SHINDE Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) THE Appellant/Accused Goraknath Kaluram Shinde challenges his conviction by the Additional Sessions Judge, Pune for the offence punishable under Section 306 and 498(A) of Indian Penal Code for abetting the suicide committed by his wife Trupti Kaluram Shinde. The Additional Sessions Judge, Pune by his judgment and order dated 18th February, 1994 convicted the said Appellant for offences punishable under Sections 306 and 498(A) of Indian Penal Code and sentenced him to suffer R. I. for 5 years and to pay a fine of Rs.3,000/- in default to suffer R. I. for one year for the offence punishable under Section 306 of Indian Penal Code and to suffer R. I. for two years and to pay a fine of Rs.1,000/- in default to suffer R. I. for six months for the offence punishable under section 498(A) of Indian Penal Code.

(2.) THE Appellant/Accused married the deceased Trupti on 16th June, 1992 at Village Shindewadi. It was an arranged marriage. After the marriage, Trupti started residing with the accused at Village Shindewadi, Taluka-Bhor, District-Pune. After the marriage, Trupti visited her parents house at Bombay only twice, once, for Nagpanchami and thereafter again for Diwali and on both these visits she complained to her parents and brothers of ill-treatment at the hands of the accused stating that the accused suspected her of having illicit relations with some persons from her maternal house and thereby the accused used to mentally tortured her. He even physically assaulted her. When she complained on her first visit during Nagpanchami, her brother P.W. No.2 Chandrakant questioned the accused about the harassment. The accused thereupon got annoyed and started accusing P.W. No.2 Chandrakant of having illicit relations with his own sister Trupti. The accused thereupon left the house leaving Trupti at her parents place and went to his village Shindewadi. Two days later, the father of the accused, Kaluram Shinde came to house of Trupti's parents. Referring to Trupti's complaint, Kaluram assured them that his son Goraknath would not, henceforth harass or ill-treat their daughter in future.

(3.) ACCORDING to the prosecution sometime prior to Diwali, another brother of Trupti, namely P.W. No.5, Dilip, visited Trupti at Shindewadi to take her for Diwali. The Accused abused Dilip and told him that if he wants to take Trupti alongwith him to Bombay he should marry her. Despite the husband's protests P.W. No.5 Dilip brought Trupti, home for Diwali. The accused came to the house of Trupti's parents on the next day of Diwali, that is, on 'Bhaubhij' and again picked up a quarrel with Trupti's brothers and stated that he would not take Trupti back to his house at Shindewadi and thereupon returned on the same day to his house at Shindewadi. Two to three days later, Dilip P.W. No.5 took Trupti to her husband's house at Shindewadi and told the father of the accused Kaluram to convince his son not to harass Trupti in future. He then returned to Bombay .