STATE OF MAHARASHTRA Vs. ASHOK MAHADEO KADAM

JUDGEMENT

(1.) The State has preferred instant appeal dissatisfied by judgment and order of acquittal of present respondent from offence punishable under Sec. 306 of the Indian Penal Code [IPC] in Sessions Case No. 97 of 2002 passed by learned 4th Adhoc Assistant Sessions Judge, Osmanabad on 12/2/2004.

(2.) Husband and in-laws of deceased Rajkumari, who committed suicide by consumption of poison, were challaned for commission of offence punishable under Ss. 498-A and 306 r/w 34 of IPC on the specific allegation that, after marriage of deceased Rajkumari with original accused no.3 Ashok, i.e. present appellant, barely six months thereafter, Rajkumari was subjected to harassment. There used to be continuous taunting and comments on her black complexion and for not conceiving. Accused also started to put up demand of Rs.50,000.00from her parents to pay the debt towards purchase of JCB machine. On account of non-fulfillment of demand, there was beating to her making her life miserable. Deceased used to inform her plight to her parents, who tried to give understanding to the accused, but all went in vain and beating and harassment continued. Finally, according to prosecution, when it became unbearable, Rajkumari consumed poison and succumbed to it on 6/8/2001 and therefore crime was registered, investigated and on gathering sufficient evidence, accused persons were chargesheeted and tried for offence under Ss. 498-A and 306 of IPC.

(3.) At trial, prosecution adduced evidence of as many as 11 witnesses and sought reliance on documentary evidence like complaint, spot panchanama, inquest panchanama, postmortem report, CA report etc. After appreciating oral and documentary evidence, learned 4th Adhoc Assistant Sessions Judge, Osmanabad acquitted all accused persons from charge under Sec. 306 of IPC and husband alone is held guilty for offence under Sec. 498-A IPC.