STATE OF MAHARASHTRA Vs. BALU KONDIBA BHISE

JUDGEMENT

(1.) The State has filed this appeal against the judgment and order passed by the Additional Sessions Judge, pune on 15th December, 1988 acquitting the accused persons of the charges so far as the offence punishable under Sections 498-A and 304-A of the Indian Penal Code. Out of both, the appellant No. 2 has died pending the appeal, therefore, the appeal against the appellant No. 2 abates.

(2.) The facts involved in the case in brief are thus -

(3.) Deceased Bhamabai was the wife of accused No. 1. Accused No. 2 was the mother of accused No. l. She was the daughter of R. W. Sahebrao and Kamalabai. Marriage between accused No. 1 and deceased bhamabai had taken place about two years prior to the incident. It is the case of the prosecution that prior to the marriage certain negotiations had taken place between the relatives of both sides that dowry amount of rs. 3,500/- would be paid to the accused. Out of which Rs. 3,000/- were paid in cash prior to the marriage. However, Rs. 500/- remained to be paid. The prosecution case is that the deceased Bhamabai used to complain to her parents as and when they used to meet, after her marriage, that she was being ill-treated and harassed by the accused as remaining dowry amount of Rs. 500/- was still to be paid. She used to insist her parents always that the said amount be paid immediately. It is the case of the prosecution that even on the prior day of the incident she had met her mother kamalabai and asked her to pay remaining amount of dowry. Ultimately on 8-3-1988 a message was received by the parents of deceased Bhamabai that she was brought in serious condition to Yavat Primary Health centre. They rushed there. They found that their daughter Bhamabai was already dead. Medical Officer attached to Primary Health centre at that time immediately contacted to police Station and gave information about the death of the deceased Bhamabai. Postmortem was duly conducted. After inquest panchanama offence came to be registered regarding the incident. It was found that the deceased had died due to poisoning. Father of the deceased, after due deliberations with the villagers filed complaint against the accused persons, as a result of which the offence came to be registered against the accused persons for commission of offence punishable under Sections 498-A and 304-A of Indian Penal Code. Investigation commenced, in which course the statement of witnesses came to be recorded and panchanama of scene of offence was prepared. The articles seized in the course of investigation were sent to C. A. for analysis, whose report was received and is part of the record. On completion of the investigation charge-sheet was sent to the court of law.