KHEMRAJ AGARWAL Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) THE appellant aggrieved by the order dated 30-11-1987 passed by the Additional Sessions Judge, Pune in Sessions Case No. 285 of 1987, convicting him under section 498-A and 306 I. P. C. , and awarding him a composite sentence of 3 years R. I. and a fine of Rs. 2000/- in default of payment of fine, to further undergo 6 months R. I. has come up in appeal before us. Along with the appellant, his elder brother Omprakash Hiralal Agarwal was tried but, he was acquitted by the aforesaid order.

(2.) THE prosecution case in brief is that informant Ashok Kumar Shridhar Agarwal P. W. 1 is resident of Rajgurunagar and is the real brother of the deceased Pushpa. On 25-2-1982, Pushpa is alleged to have been married to the appellant who is a resident of village Lohagaon. The marriage is alleged to have taken place in Rajgurunagar. After the marriage, Pushpa along with her husband, her husbands elder brother (acquitted accused Omprakash Hiralal Agarwal) two younger brothers and parents started living in Lohagaon. It is alleged that till the birth of her first child Amar which took place on 18-12-1982, she was treated decently and thereafter, her existence became miserable. It is alleged that every now and then, she was asked to bring money from her parents place and she was also beaten by her husband. The acquitted accused is alleged to be instigating this illtreatment of Pushpa. On 8-4-1985, the informant received a telegram sent by the appellant asking him to come immediately and on its receipt, the same day he, his elder brother Vinod and his brother-in-law Ramnarayan Uttamchand Agarwal P. W. 2 went to the house of the appellant at Lohagaon. On the informants asking the appellant as to why he had been called, the appellant replied that he should ask this from her sister Pushpa. On the informants asking Pushpa, he was told by her that she was being beaten by the appellant. On account of this, the informant brought back Pushpa to his house in Rajgurunagar where she lived till 2-6-1986. On 2-6-1986, the appellant came to Rajgurunagar and promised the informant that Pushpa would not be illtreated. Consequently, the informant permitted the appellant to take back Pushpa with him. As in September, 1986, every year, the informant used to celebrate the death anniversary of his father, so in September, 1986, he went to the house of the appellant, to invite Pushpa, the appellant and his family members on the function of death anniversary of his father. It is alleged that on seeing the informant, Pushpa immediately started weeping. On the informant asking her as to why she was weeping, she replied that she was being blamed for committing theft and was also being illtreated because, the informant could not satisfy the demands of her husband (appellant ). Pushpa also told the informant that in as much as the appellant had suffered heavy losses in business, he desperately wanted money. She also said that since money had not been arranged, she was being beaten by stuffing cloth in her mouth. Same day, the informant is alleged to have returned. It is alleged that immediately after the informant left the house of the appellant, on a scooter, the appellant and the acquitted accused came and told him at Shivajinagar that Pushpa was of loose character and was in the habit of committing theft. They also told him that he should accompany them to Lohagaon but the informant refused, saying that he would come to Lohagaon next day. The same night, the informant reached Rajgurunagar and narrated all this to his brother-in-law Ramnarayan Uttamchand Agarwal P. W. 2, his brother Vinodkumar and one Sitaram Shrikrishna Agarwal P. W. 3. Next day, along with the aforesaid persons he came to Lohagaon and they told the appellant in the presence of his brother (acquitted accused) and his father that if they could not maintain Pushpa, they should permit him to take her back. They promised that they would treat Pushpa well in future and that they should not take her back. After this assurance, all of them came back.

(3.) ON 20-2-1987, one person alleging himself to be a resident of Lohagaon came and informed the informant that condition of his sister Pushpa and Pushpas son Amar was serious. The informant naturally in the background of the previous happennings, smelt some thing fishy and asked the person to tell him whether the condition of Pushpa and son Amar was only serious or something more had happened. Then, he was told that both of them had expired. The same night the informant, his brother-in-law Ramnarayan Agarwal P. W. 2, his brother Vinodkumar and his sister Indu came to Sasoon Hospital, Pune because, the corpses of Pushpa and Amar were in the mortuary home. The police was also present there.