AMRUT Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Convicts for offence under Ss. 498-A, 306 r/w 34 of the Indian Penal Code [IPC] are hereby assailing the judgment and order of conviction recorded by learned Additional Sessions Judge, Jalgaon in Sessions Case No. 56 of 2002 vide judgment and order dtd. 3/10/2002. FACTS LEADING TO TRIAL

(2.) Dharangaon police station chargesheeted in-laws of deceased Shobhabai i.e. mother-in-law, brothers-in-law and their wives for above offence. Allegations that are levelled are that, accused persons persistently and continuously ill-treated Shobhabai physically as well as mentally i.e. hurling abuses, doubting her character and asking her to leave the house premises. The ill-treatment was of such degree that finally she was forced to immolate herself by pouring kerosene. Thus, accused having abetted the said suicide, police chargesheeted them for above offences and they were made to face trial before learned Additional Sessions Judge, Jalgaon, who permitted prosecution to adduce evidence. After appreciating the oral and documentary evidence, learned trial Judge got convinced and vide judgment and order dtd. 3/10/2002, held that accused have ill-treated deceased and they have also, with common intention, further abetted her to commit suicide, and thereby recorded conviction. Feeling aggrieved by the same, instant appeal is filed. SUBMISSIONS On behalf of the appellants:

(3.) Questioning the legality and maintainability of the judgment, learned counsel for the accused/appellants would point out that here is a unique case where there are charges both, under Sec. 498-A as well as Sec. 306 of IPC. However, according to him, husband is not made an accused, rather, only in-laws are roped in, even when prosecution itself has come with a case that appellants in-laws were residing separately. He further pointed out that marriage of deceased was already 25 years old and she has three teen aged sons. He pointed out that deceased immolated herself on 9/1/2002 for the best reasons known to her. That, it has come in the evidence of prosecution itself that deceased was short-tempered. That, there is no material in proximity to alleged suicide to link accused further alleging cruelty, ill-treatment or even abetment.