SUNIL BHARAT PARDESHI Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Deceased Asha, who consumed poison on 2/12/1998 while at her matrimonial house and died. Therefore, husband, who has been held guilty for offence punishable under Sec. 498A and 306 of Indian Penal Code (IPC), thereby sentencing him to suffer rigorous imprisonment for three years and five years, respectively and to pay fine, has preferred instant appeal challenging the judgment and order passed by learned IIIrd Additional Sessions Judge, Jalgaon dtd. 20/4/2002 in Sessions Case No. 75 of 1999.

(2.) Husband, mother-in-law and sister-in-law were charge-sheeted by Pimpalgaon Haareshwar police station on accusation that after marriage in 1998, when deceased Asha went to cohabit with her husband and in-laws, she was treated properly for initial period. However, subsequently, husband, mother-in-law and sister-in-law put up a demand of Rs.15,000.00 to clear their loan and on such count, she was subjected to both physical and mental harassment. Deceased used to promptly report regarding such treatment meted out to her to her parents. On understanding being given, they undertook to treat her properly. However, on 2/12/1998 while deceased was in the house and in company of accused, she consumed insecticide and end up her life. Therefore, father lodged report.

(3.) PW10 Vinayak Lokare, who entrusted with the investigation, after gathering sufficient evidence, charge-sheeted husband and in-laws and they were made to face trial before learned IIIrd Additional Sessions Judge, Jalgaon, who conducted trial, appreciated oral and documentary evidence and finally reached to a conclusion that prosecution established the charges, but only as against the husband and thereby held him guilty for offence under Sec. 498A and 306 of IPC, whereas acquitted mother-in-law and sister-in-law.