SUNIL VISHWANATH GURAV Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Heard learned counsel, appearing for the respective parties.

(2.) This appeal is directed against the judgment of conviction in Sessions Case No. 97 of 2004, whereby the learned IIIrd Adhoc Assistant Sessions Judge, Dhule convicted the appellants/accused for the offences punishable under section 498a and 306 r. w. 34 of IPC and sentenced to suffer rigorous imprisonment for three years and fine of Rs. 500/- and sentence to suffer rigorous imprisonment for eight years and fine of Rs. 100/-, each, respectively for the said offences.

(3.) The facts giving rise to this appeal are as under: appellant/accused No. 1 is the husband of deceased Anita and appellants/accused Nos. 2 and 3 are her in-laws. The marriage of the deceased with accused No. 1 was solemnized on 28-02-2002 and thereafter, deceased was staying with her husband and inlaws. PW1 Pramila is the mother and PW2 Ambadas is the paternal uncle of the deceased. When deceased was staying with her husband, she was having smooth marital life for two months only. Thereafter, all three accused asked her to fetch an amount of Rs. 50,000/- for construction of house from her parents. Financial position of the parents of the deceased being weak, they could fulfill that demand. As that demand was not fulfilled, accused used to harass her and were giving threat to kill her. Whenever she met her parents, she disclosed these facts to them. Four months prior to her death, when she was at the house of the accused, they gave threat to kill her by pouring kerosene and she was sent back to her parents house. That time, her in-laws directed her to come to village Shewade obtaining Rs. 50,000/ -. On 19-03-2004, deceased alongwith her relatives had gone to Kalyani Kautumbik Salla Kendre and approached PW3 Vijayabai Chowk and lodged complaint. After receiving the said complaint, the accused were called at the said centre and in the meeting dated 08-05-2004, it was settled that deceased should go and stay with her husband. Accordingly, she was sent to the house of the accused. Thereafter, on two occasions, deceased and her husband met the parents of the deceased. At the time of said visits, she made complaint that demand was continued and on that count, she was being harassed. On 23-07-2004, she consumed poison. Hence, the appellants took her to Civil Hospital; however, she was declared dead. An intimation was given to her parents. Inquest panchanama (Exh-10) on her dead-body was recorded in the hospital itself and the dead-body was sent for post-mortem. After post-mortem, doctor issued provisional post-mortem report (Exh-11) and informed that opinion was reserved awaiting viscera report. Post-mortem notes (Exh-13) came to be issued. Later on Chemical Analysers report (Exh-37) was received and the doctor confirmed that Carbamate insecticide Propoxur (Baygon) was detected in the viscera. After funeral on 24-07-2004, PW1 Pramila lodged complaint (Exh-19). PW6 P. I. Pratap Baviskar registered crime at CR No. 56/2004 on the said complaint. The accused came to be arrested. The statements of witnesses came to be recorded. The record was seized from Kalyani Kautumbik Salla Kendre (Conciliation Centre) and charge sheet came to be filed against these accused in the court of Judicial Magistrate First Class at Shindkheda for the offence punishable under section 498a and 306 of IPC, who committed the case to the court of Sessions at Dhule. The learned IIIrd Adhoc Assistant Sessions Judge, Dhule framed charge (Exh-5) against all three accused for the offence punishable under section 498a and 306 of IPC. Accused pleaded not guilty of the charge and claimed to be tried. Their defence at the trial was of total denial.