KESHAO Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) The appellant has been convicted for the offence punishable under Section 498A of the Indian Penal Code and is sentenced to suffer rigorous imprisonment for one year and to pay fine of Rs. One Thousand in default to undergo rigorous imprisonment for three months. The appellant was chargesheeted by Hingna Police Station on the report lodged by father-in-law of the appellant. The charge under Section 306 and 498-A of the Indian Penal Code was framed. However, the appellant has been acquitted of the offence punishable under Section 306 of the Indian Penal Code.

(2.) The deceased committed suicide by consuming poison on 12th May, 1997. The matter was reported to police by the appellant himself. The accidental death was registered by police vide Exh. 7. However, on 30th May, 1997 the complaint was lodged by father of the deceased vide First Information Report Exh. 50. It was alleged that the relations of the deceased and the appellant were cordial for about two years from the date of marriage. The appellant had taken Rs. Ten Thousand from the complainant for purchase of the land. The deceased insisted that the said amount shall be repaid to her father. It is on account of the said dispute that there used to be quarrels between the deceased and the appellant. It is alleged that the appellant had illicit relations with the wife of his younger brother and therefore, he was illtreating the deceased. Further harassment was due to the fact that the deceased had no male child.

(3.) During the course of initial enquiry panchnama was drawn and inquest panchnama of the dead body was also conducted. The dead body of the deceased was sent to Mayo Hospital for post mortem examination. Viscera was preserved and it was sent to Chemical Analyzer for examination and report. The Medical Officer after completion of post mortem examination had opined that it was not possible to give any definite cause of death due to advanced decomposition. It is not known as to whether chemical analysis report was ever received.