KISHOR VAJESING RAJPUT Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Instant appeal arises out of the judgment and order of conviction recorded by IInd Adhoc Additional Sessions Judge, Jalgaon dtd. 20/10/2003 in Sessions Case No. 48 of 2001 convicting appellants for offence punishable under Ss. 498-A and 306 of the Indian Penal Code [IPC].

(2.) Mehunbare Police Station entertained complaint lodged by Bhagwan, brother of deceased Tarabai, wherein it was reported that after marriage, his sister went to reside with accused husband and in- laws. After 8 to 15 days of marriage, she came and stayed for four to five days. When she came for festivals of Akshay Tritiya, Raksha Bandhan and Diwali, she informed that husband and in-laws were demanding Rs.25,000.00 for purchasing vehicle. She was convinced that things would improve later on. On 28/11/2000, message was received that his sister suffered cardiac arrest and died. But when he reached her matrimonial house, he realized that she had consumed poison.

(3.) Learned counsel for the appellants would point out that apparently, there is false implication. According to him, prosecution miserably failed to establish the charges beyond reasonable doubt. He took this court through the testimony of prosecution witnesses, more particularly PW1 and PW2, and would submit that only two witnesses are examined. Their versions are not inspiring confidence. They are not lending support to each other on material count. According to learned counsel, both of them are silent about nature and mode of ill- treatment. He submitted that answers given in cross by prosecution witnesses are rendering the very case of prosecution doubtful. That, complaint is motivated and is at the instance of PW2. That, after the incident, there was demand of money to not to report and register complaint. On failure to meet such illegal demand, false and afterthought complaint has been filed. According to him, learned trial court has not appreciated the evidence in correct perspective and has reached erroneous conclusion and hence, he prays to set aside the said judgment by allowing the appeal.