SUNIL Vs. THE STATE OF MAHARASHTRA

JUDGEMENT

(1.) The appeal is filed against judgment and order of Sessions Case No. 278 of 1994 which was pending in the Court of Additional Sessions Judge, Jalgaon. The trial Court has convicted and sentenced the Appellant for offences punishable under Sections 498-A and 306 of I.P.C. The sentence of R.I. for 5 years if given for the offence punishable under section 306 of I.P.C. and both the sentences are made to run concurrently. Both the sides are heard. Deceased Chhaya was daughter of complainant Devidas. She was given in marriage to the Appellant in the month of May, 1993. It is the case of the State that in the marriage, as per the agreement the dowry of Rs. 10,000/- was given by the complainant to the Appellant. It is the case of the State that the deceased had visited to the house of her parents situated at Washi in the Tahsil Shahapur, District Thane on two occasions at the time of festivals after the marriage. The appellant is the resident of Pimprala.

(2.) It is the case of the State that the deceased had disclosed to her father that her husband, appellant is addicted to liquor and he was giving beating to her. She had also disclosed that the in-laws were also saying that they were in need of money and they were harassing her. It is the case of the State that the deceased had disclosed to the parents during her visit which took place after Diwali festival of 1993 that her husband had asked her to bring Rs. 10,000/- from her parents. There was ill treatment to her on that count also. After hearing about this demand, the complainant who is in service had advised the deceased to ask the appellant to make demand directly to him. On that occasion, the deceased was taken back to the house of the Appellant by brother of the Appellant.

(3.) The incident in question took place in the early hours of 1st February, 1994. When Appellant got up, he noticed that the deceased was not present in the house and she had left the matrimonial house without informing anything. The Appellant and the parents realised that deceased was missing. They called Ganesh, brother of the Appellant and asked him to do needful. Ganesh search for the deceased and during search he found that pair of Chappal of the deceased and one water pot were lying near a well. He attempted to find out as to whether the deceased was inside the water of the well but he could not trace her. He gave missing report to police on 1st February, 1994 itself. With the help of employees of fire fighting department of Jalgaon search was made in the well and then the dead body of the deceased was taken out from the well in the night time.