DNYANDEO PANDURANG YADAV Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Judgment and order of conviction dtd. 3/7/2004, passed by Second Additional Sessions Judge, Ahmednagar in Sessions Case No.29 of 1998, convicting appellant for offence under Ss. 498-A, 306 of the Indian Penal Code is questioned by filing instant appeal.

(2.) Appellant - Dnyandeo was married to deceased Lalita. After marriage she went to cohabit with accused husband. One month after marriage when informant father and others paid visit to Lalita, that time Lalita cried and informed that family members of her husband are subjecting her to cruelty, taunting, compelling her to do excess domestic work. Informant and his wife both console her. Accused persons were disgruntled for giving more customary honour in the marriage of second daughter Manisha. During visit at the time of Nagpanchami Festival she reported about ill treatment at the hands of husband, in-laws and they taunting and quarreling with her. There was also demand of Rs.50,000.00 for business. Complainant requested accused not to ill treat his daughter but there was repeated ill treatment. On 18/9/1997, news of Lalita to be serious was received and, therefore, he and his brother went to house of accused. There they noticed dead body of Lalita in a room. After postmortem and funeral, he lodged report Exhibit-59 on the basis of which crime was registered.

(3.) Learned Senior Advocate appraised this court about the nature of charge. Then, he took this court to the testimony of informant - father PW-2; cross faced by his father; testimony of mother PW-3; answers given by her in cross; testimony of maternal uncle PW-4; testimony of paternal aunt of deceased PW-5 and would submit that none of the family members have specified, elaborated or quoted instances of ill treatment. According to him, mere omnibus and general allegations are levelled about taunting, quarreling without specifying for what there was taunting and who amongst the numerous accused said what and when. He submitted that even witnesses are not consistent or lending support to each other on material counts.