SUPADU SONU NEMADE Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Appellants named hereinabove are in-laws and husband of deceased Sau.Sangita and were convicted for offence punishable under Section 498-A r/w Sec.34 and 306 of the Indian Penal Code in Sessions Case No.18 of 1993 tried before learned 5th Addl.Sessions Judge, Jalgaon. They were sentenced to suffer rigorous imprisonment for one (1) year and to pay fine of Rs.1,000/- (Rs.1,000/-) (Rs.One Thousand only), in default to suffer rigorous imprisonment for six (6) months for offence under Section 498-A of the Indian Penal Code and further sentenced to suffer rigorous imprisonment for five (5) years and to pay fine of Rs.1,000/- (Rs.One Thousand only ) in default to suffer rigorous imprisonment for six (6) months for offence punishable under Section 306 of the Indian Penal Code. They impugn this order of conviction and sentence.

(2.) Marriage of appellant No.3 Baban and deceased Sau.Sangita was performed on 18th May, 1991. She met with unfortunate death in the house of appellants on 8th July, 1992. She was hardly 19/20 years old at the relevant time. Her father received information about her death. So, her father P.W.1-Mitharam (complainant) immediately visited house of the appellants on the same day. He noticed that dead body of Sau.Sangita was lying in the house, some whitish froth was oozing from her nostrils and blood also appeared to have oozed from her mouth. He immediately went to the concerned Police Station and gave his report alleging that the appellants had subjected deceased Sau.Sangita to cruelty on account of their un-lawful demands for three grams of gold and other articles which were not given to them at the time of marriage as agreed by him.

(3.) In substance, the prosecution case is that the appellants used to trouble and harass deceased Sau. Sangita on account of nonfulfillment of their demand of three grams of gold. They used to express dis-satisfaction about quality of fan and cupboard given in the marriage, saying that they were secondhand and scrap articles. Appellant No.1 Supadu- her father-in-law- some times had assaulted Sau.Sangita under drunken condition. On one occasion her mother noticed an injury caused near her right eye. The inquiry with her revealed that at instigation of appellant No.2-Sau.Sarubai her husband i.e.appellant No.1 had beaten her. She narrated that she was beaten up since the three grams of gold was given less in the marriage and the fan and the cupboard given as presentation articles were of inferior quality. The continuous harassment and ill-treatment amounted to coercive cruelty which Sau.Sangita could not bear any more and hence committed suicide by consuming some poisonous substance while she was in the matrimonial home in the relevant morning.