RAMDAS KACHRU WADKAR Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) RULE Rule made returnable forthwith with the consent of the respective Advocates, matter is taken up for hearing.

(2.) APPLICANTS have impugned the order dated 8th July 2005 passed by the ld. 3rd Ad-hoc Additional Sessions Judge (below Exh. 6) in Sessions case No. 37/2005 dismissing the application for discharge of the accused.

(3.) THE facts of the case in brief are that complainant Bansi Sukhlal kuklare resides at Dongaon Tq. Gangapur, Dist. Aurangabad with his parents brother Ramlal and six sisters. Out of them, the youngest is lalitabai who married applicant No. 1 Ramadas, about five years back. After marriage deceased Lalita started living with her husband at Sillod. Applicant No. 1 was serving as a Teacher at Sillod. Two sons namely, sachin, Aged 4 years and Akshay, aged 2 years are born withing the wedlock. Relationship between the spouses was cordial for first two years. Thereafter, both the applicants started insisting that Lalita should reside at Gevrai Gungi to help the family in the cultivation of the field. Lalita was not willing to reside at Gevrai Gungi. Therefore, applicants started demanding Rs. 1 lakh for buying a motorcycle and a plot. Since the demand was not satisfied deceased Lalita was subjected to ill-treatment. On 24. 11. 2004 complainant Bansi had been to matrimonial house of his sister for bringing her to the parental house on the auspicious occasion of Diwali. On that occasion, applicant No. l Ramdas, his brother Karbhari slapped bansi and did not allow Lalita to accompany his brother. Ramdas told complainant that he should pay Rs. 1 lakh if the desires to take the deceased to her parental house. Bansi was also told that ill the morning he will get a message that his sister has been killed. On the next day i. e. 25. 11. 2004 at about 6. 30 a. m. indeed a message was received regarding the demise of lalita. On receipt of the message, complainant his parents and close relatives went to the Government Hospital at Phulambri. The last rites on the dead body of Lalita were performed at Gevrai Gungi. Bansi then lodged report with the police on the basis of which offence has been registered for offences punishable u/s. 498a and 306 read with Section 34 IPC.