BHAGWAN Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Heard both sides. Aggrieved by the conviction recorded by the learned IVth Additional Sessions Judge, Aurangabad for the offences punishable under section 498-A, 306, 304-B of the Indian Penal Code and consequent sentence to undergo rigorous imprisonment for one year, and to pay fine of Rs. 1,000/- and further to undergo rigorous imprisonment for three years and fine of Rs. 1,000/- and lastly, rigorous imprisonment for seven years and to pay fine of Rs. 1,000/- respectively, for the respective offences, the present appeal is preferred.

(2.) The original accused Nos. 2 and 3 i.e. the father-in-law and mother-in-law of the deceased were acquitted by the learned Sessions Judge. Accused No. 4 Kisan died during the pendency of case.

(3.) P.W. 2 Kisan S/o. Rangnath Mate is the father of the deceased Chandrakala. The deceased was given in marriage to the present appellant on 15/4/1993. The appellant as well as his family members reside at Aurangabad. According to the complainant, Chandrakala was treated well for a period of one year from the date of marriage. Thereafter, on 15/2/1995, deceased Chandrakala and the present appellant visited the complainant at his house situated at Toka, Pravarasangam village. At that time, appellant made a demand of Rs. 50,000/- for purchase of jeep. The complainant paid him Rs. 30,000/- and, thereafter, the couple returned to their village. Thereafter, on 27/2/1995, brother of the deceased i.e. P.W. 3 - Bharat came to visit her at Aurangabad. At that time, the deceased told him that as her father had not paid the full amount of Rs. 50,000/-, the appellant started beating her. Besides this, rest of the accused i.e. his parents had grievance that less dowry was paid in the marriage and now even the full payment of Rs. 50,000/- is not made. All of them i.e. the appellant as well as his parents told P.W. 3 Bharat that unless the additional amount of Rs. 20,000/- is paid, he should not enter the house. Accused No. 4 Kisan instigated them. All these facts were told by P.W. 3 Bharat to his father i.e. the complainant. In the circumstances, on 31/3/1995, the deceased died due to the burn injuries and in the circumstances, the complaint came to be filed on 31/3/1995.