SHIROL DIST KOLHAPUR Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) BY this appeal, appellants have challenged their conviction for offences punishable under sections 302 and 498A read with section 34 of the Penal Code and the resultant sentences inflicted upon them by the learned Additional Sessions Judge, Kolhapur.

(2.) FACTS which gave rise to prosecution of the appellants are as under: - Appellant No.1 was married to Alka, daughter of P.W.5-Indutai about five years prior to the incident. Accused No.2 is brother of accused No.1 Accused No.3 is wife of accused No.2. Accused No.4 is the mother-in-law of victim Alka. It was the prosecution case that about 8 to 10 months after marriage, the accused persons started ill-treating Alka. Interventions by relations did not yield any positive results. Accused No.1 was dealing in illicit liquor. When that business stopped, he started demanding money from parents of Alka for monthly expenses as also for partition of the agricultural land etc. Victim’s mother Indutai had paid some amounts to accused No.1. However, ill treatment of the victim continued. Alka came to reside with her parents for about six months. Accused No.1 issued a notice to Alka and then with the mediation of a Municipal Corporator, took Alka back assuring that he would treat her well.

(3.) IN the course of investigation, after performing inquest, dead body of the victim was sent for post-mortem examination. Incriminating articles were seized and sent to the Forensic Science Laboratory. The statements of witnesses were recorded. Accused were arrested and charge-sheet was sent to the learned Judicial Magistrate, First Class, Kurundwad, who committed the case to the Court of Sessions.