PUNJAB SAKHARAM RAUT Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) THIS criminal appeal is directed by the appellants/accused against the judgment and order dated 27th March, 1992, passed by the Addl. Sessions Judge, Washim convicting both the accused for the offence punishable under Ss. 306, 498-A read with S. 34 of the Indian Penal code and sentencing both the appellants/accused to suffer R. I. for 5 years for the offence punishable under S. 306 and for 2 years for the offence punishable under S. 498-A r/w S. 34 of the Indian Penal Code, in Sessions Trial No. 83/91. The learned trial Judge ordered the substantive sentences to run concurrently.

(2.) THE facts giving rise to the prosecution of the appellants/accused and the present appeal, in brief, are as follows : the appellant/accused No. 2 is the mother of the appellant/accused No. 1 Punjab Sakharam raut. Both the appellants are residing at village Bhera. Both were joint in mess and were residing along with other members of the family. Deceased Sunita was married to the appellant/accused No. 1 Punjab Raut. The marriage was solemnised on 26-5-1991. According to the prosecution, the father of deceased Sunita viz. Trimbak s/o Kalu Surve had given Rs. 1000/-in cash and cloths to bride-groom in the marriage. During the period from 26th May 1991 till the last breath of deceased Sunita i. e. 4-8-1991, twice or thrice she had been to her parents' place. Firstly, after the marriage, she stayed at the matrimonial house for about 12 days. Ramchandra -the brother of the deceased brought her at Borgaon. She stayed with her parents at Borgaon for 2 to 4 days. Kaluji Surve (PW 4) - grand-father of the deceased Sunita reached her to her matrimonial house. Deceased Sunita was again brought to her parents' house at the time of akhadi i. e. in the month of Ashadi. She stayed for 10 days. Then she was reached to her matrimonial house and after about 8 days, the message of her death was received by her parents.

(3.) ACCORDING to the prosecution, on both the occasions, deceased Sunita complained to her parents and brother that she is being ill-treated and taunted for paying less amount of dowry and that she is not well versed in preparing food. Deceased Sunita specifically told her parents that her mother-in-law used to ill-treat her by taunting and her husband by beating. Shri Trimbak surve the father of deceased Sunita tried to convince his daughter by saying that she should go to her matrimonial house and he would talk to both the accused and persuade them to treat her well.