SADASHIV PARBATI RUPNAWAR Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Heard learned appointed Advocate Ms. Ayubi for the Appellant and learned APP Ms. Tendulkar for the Respondent-State.

(2.) The present Appellant and father-in-law of the deceased were prosecuted for harassing Prema, and they have abetted her suicide. Prema is the wife of Accused no. 1 and the daughter-in-law of Accused No. 2. The charges were under Ss. 498-A, 306 read with 34 of the Indian Penal Code. Accused No. 2 was acquitted, whereas Accused No. 1 is convicted for an offence punishable under Sec. 498-A of the Indian Penal Code. The sentence is :-

(3.) In all prosecution examined five witnesses. There are certain admitted documents. They are evidence and documents. With their assistance, I find that the conviction is not supported by the evidence. On record, though Prema was being taunted on account of her complexion, I do not think that it will fall within the explanation to Sec. 498-A of the Indian Penal Code. Even conviction for the offence punishable under Sec. 306 of the Indian Penal Code cannot be sustained, because the prosecution could not prove the suicide being the outcome of the harassment. I will give reasons for my decision.