NEELKANTH Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Appellants herein assail judgment and order passed by I Adhoc Additional Sessions Judge, Ahmednagar in Sessions Case no.131 of 2002 recording guilt and conviction of the appellants for offence under Sec. 201 read with 34 of the Indian Penal Code (IPC).

(2.) It is to be mentioned here that during pendency of the appeal, appellant no.3 namely Sadashiv s/o Vishnu Deshmukh, who is original accused no.4, died, therefore, by order of this Court dtd. 2/5/2013, appeal stood abated against him. Consequently, appeal of only appellant nos.1 and 2 has now remained for consideration.

(3.) Deceased Anita, daughter of informant PW1 Dada, was married with appellant no.1 and she went to cohabit with husband and in-laws. Everything was smooth for a period of one year. Thereafter, son-in-law i.e. appellant no.1 put up demand of Rs.35,000.00 for setting up T.V. shop for his younger brother at village Mahi-Jalgaon. In the backdrop of such demand, there was maltreatment to Anita. When informant went and even when Anita came for festivals, she reported about above demand and illtreatment to informant. At 09:00 p.m. on 12/5/2002 information was received that Anita was sick and admitted in the hospital. Informant and all relatives reached village Sukali i.e. where accused resided. On reaching, they were informed that Anita died and her funeral was also over. Therefore, on the next day, informant approached Shevgaon Police Station and lodged report, on the strength of which crime was registered bearing no.65 of 2002 against husband and inlaws for offence under Ss. 498-A, 304-B, 201, 306, 34 of the IPC. PW5 Bahure (PI), who was entrusted with investigation, carried out the same and chargesheeted accused, who were tried by I Ad-hoc Additional Sessions Judge, Ahmednagar vide Sessions Case 131 of 2002 for offence u/s 498-A, 304-B, 306, 201 read with 34 of IPC.