SUNIL Vs. THE STATE OF MAHARASHTRA

JUDGEMENT

(1.) Aggrieved by the recording of conviction for the offences punishable under section 498A and 306 of the I.P. Code and consequential sentences to suffer rigorous imprisonment for one year and three years, respectively, with further direction to pay fine, by the learned IIIrd Additional Sessions Judge, Aurangabad, vide judgement and order dated 22nd March, 2001 passed in Sessions Case No. 136/1997, the present appeal is preferred by the original accused No. 2 i.e. husband of the deceased.

(2.) The prosecution case, in short, is as under :-

(3.) Prior to the filing of the said complaint, on the same day, the present appellant had filed accidental death report (Exhibit-21) with the same police station at 3 p.m. By the said report, he communicated that on the day of the incident, at about 10 a.m. in the morning, he instructed deceased Ashabai to spray fertilizer in one field while he would go for cultivation of another field. That time, however, the deceased told him that she would not go for the work. Therefore, verbal quarrel took place between them. The appellant thereafter went for cultivation of the another field. He had seen that the deceased was proceeding from the house with a jug in her hand. He, therefore, thought that she was going for latrine. However, since for a considerable period she did not return, he proceeded towards the direction of the well in the nearby field. In the said well, he found the dead body and the saree of the deceased. He, therefore, opined that the deceased might have committed suicide and hence, the accidental death report was filed.