BABAN NARAYAN DHAGE Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) This is an appeal preferred by original accused Nos. 2, 5 and 6, who are brother-in-law and parents-in-law, of deceased Sau. Aruna, challenging their conviction and sentence for offences punishable under section 306 and 498-A read with 34 of the Indian Penal Code. They have been sentenced to undergo rigorous imprisonment for 6 (six) months each and to pay fine of rs. 500/- (Rs. Five Hundred only) each, in default to suffer rigorous imprisonment for one month each for offence under section 498-A read with 34 of the Indian Penal Code. Identical sentence is awarded to them for offence under section 307 read with 34 of the Indian Penal Code and both the substantive sentences have been directed to run concurrently.

(2.) In all six accused persons were tried before the second Addl. Sessions judge, Osmanabad, in Sessions Case No. 24/1993, for offence punishable under sections 498-A, 304 (B) and 306 read with 34 of the Indian Penal Code, Out of them, original accused No. 1 Pratap, accused No. 3 Anil and accused No. 4 Sunil, who are brothers inter se were acquitted for all the charges. The appellants were acquitted for offence punishable under section 304- (B) read with 34 of the Indian penal Code. Learned Addl. Sessions Judge held that the prosecution failed to prove that it was the case of dowry death. The learned trial Court discarded the prosecution story about un-lawful demands made by the accused persons, including the appellants, for money or any valuable article.

(3.) Sau. Aruna was married to accused No. 1 Pratap on 15-5-1990. She was daughter of P. W. Sopan Ganpat Mali and P. W. Kasumbai Sopan Mali. The marriage was solemnised in traditional manner and thereafter Sau. Aruna went to the matrimonial house. All the accused persons, including the appellants, were residing at village Kati which is at a distance of about 25/30 K. Ms, from Solapur. Parents of deceased Sau. Aruna were residing at Solapur at the relevant time since her father-P. W. Sopan was in service as Health Supervisor on establishment of Civil Hospital. He hails from village Mardi and owns some agricultural lands there. The appellants are agriculturists. They cultivate their family lands situated at village Kati. Both these villages, Kati and Mardi are under same Taluka i. e. Tuljapur (District-Osmanabad). At the relevant time, Sau. Aruna was pregnant and it was the 6th month of pregnancy. On 6th March, 1992 sau. Aruna was brought to Civil Hospital, Solapur in a tempo vehicle by her husband and his brother. She was declared as dead before she was admitted in the hospital. It was suspected that she died due to consumption of poisonous substance. Post-mortem was carried out on the dead body. Then, it is alleged, one "chitthi" was recovered from her undergarment. The "chitthi" and her clothes were seized by the police.