BHAIYYA Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Appellants, who are convicted by learned III Ad-hoc Additional Sessions Judge, Aurangabad, in Sessions Case No.290 of 2001 for offence under Ss. 498-A and 306 read with Sec. 34 of the Indian Penal Code (IPC), have herein taken exception to judgment dtd. 28/2/2023.

(2.) Appellants were chargesheeted by Sillegaon Police Station, Dist.Aurangabad, on premise that deceased Ruksana was married to appellant no.1 - Bhaiyaa @ Subhan Shah s/o Bashir Shah in 1999. She was treated well for a period of 2-4 months. Demand of a Godrej cupboard and Rs.10,000.00 cash for construction of house was raised by accused and thereafter, accused husband and in-laws mal-treated Ruksana. She was subjected to both mental as well as physical cruelty. Deceased Ruksana informed her family members about the mal-treatment mated out to her. Only because of ill-treatment, Ruksana consumed poison on 6/2/2001 and therefore, on complaint of PW1 Ameen Shah, brother of deceased, law was set into motion and on investigation, husband and in-laws were chargesheeted for commission of offence under Ss. 498-A, 306 read with Sec. 34 of the IPC.

(3.) Learned Counsel for the appellants criticized the judgment for want of proper appreciation of evidence. He would submit that there are mere omnibus allegations of ill-treatment. He pointed out that none of the interested witnesses have specified the nature or mode of ill-treatment. He pointed out that testimonies of witnesses are not consistent or corroborating each other. That bald allegations of harassment by family members are made and the same are unfortunately accepted by the learned trial Court. He pointed out that judgment passed by the learned trial Judge is based on assumptions, presumptions, conjunctures and surmises. Emphasizing such submissions, learned Counsel pointed out to the Judgment of learned trial Court wherein learned trial Judge himself has held that there is no ill-treatment over demand of money, but at the same time, conviction has been recorded for commission of offence under Sec. 498-A of the IPC.