SANTOSH RAMRAO HAKE Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) The judgment and order of conviction dtd. 16/1/2003 passed by learned 2nd Adhoc Additional Sessions Judge, Hingoli in Sessions Trial No. 83 of 2001, convicting appellants for offences punishable under Ss. 498-A, 306 r/w 34 of the Indian Penal Code [IPC], is hereby assailed by convict appellants by filing instant appeal.

(2.) Deceased Rukhminibai was married to accused Santosh. For initial period of 3 to 4 months, everything was smooth, but thereafter husband and in-laws put up demand of cot, TV and money for bore well and subjected her to both, mental and physical cruelty. It is specific case of prosecution that on account of non-fulfillment of demand, accused refused to allow Rukhminibai to cohabit. When finally brother and maternal uncle of deceased were informed by accused that they will not allow Rukhminibai to come and reside, deceased learnt about it and therefore she ended her life by consuming poison.

(3.) Hence, brother PW1 Yeshwantrao set law into motion by filing FIR which was investigated by PW8 API Warade and on gathering evidence, husband and in-laws were chargesheeted and tried before learned Adhoc Additional Sessions Judge, who, on appreciation of oral and documentary evidence, held case of prosecution as well as charge to be proved and convicted and sentenced accused appellants as spelt out in the operative part of the judgment.