DNYANESHWAR AJEBA DALVI Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) The appellants who are original accused Nos. 1 to 3 have challenged the judgment and order passed by the Additional Sessions judge, Jalna in Sessions Case No. 39/1991, whereby the accused were convicted for the offence punishable under section 498-A read with section 34 of the Indian penal Code, and accused Nos. 1 and 2 were sentenced to undergo R. I. for one year and accused No. 3 was sentenced to S. I. for 2 months and to pay fine.

(2.) To state in brief, the prosecution case is that deceased Sunita was married to accused No. 1 Dnyaneshwar on 10-3-1988. Accused No. 2 is elder brother and accused No. 3 is mother of accused No. 1. At the time of marriage amount of Rs. 6,000/- was given to the accused as dowry by her uncles and they had also incurred marriage expenses. For about one and half years after the marriage, she was treated well. However, thereafter, they began to beat and illtreat her to compel her to bring money from her uncle P. W. 2 Govindrao. On 2-9-1989 her uncle P. W. 2 Govindrao had been to the house of accused, at that time Sunita was beaten by accused. Therefore, he took her to Hasnabad Police station, where she lodged report against the accused persons. At that time Sunita was pregnant. Her uncle Govindrao took her to his house at Nagpur where she gave birth to a male child. After birth of the child accused No. 2 Sheshrao and gramsevak Sadawarte went to P. W. 2 Govindrao at Nagpur and requested him to send Sunita. On 2-6-1990 he took Sunita to his village Kolwad, where his brother p. W. 1 Sahebrao was residing. On 3-6-1989 accused No. 1 Dnyaneshwar executed a document called Hamipatra Exh. 46, whereby he confessed to have illtreated her earlier but also assured that in future he would treat her properly. The document was attested by his father and some people from the village. Thereafter, she was sent back to her husband's house on 3-6-1990. According to prosecution, thereafter also ill-treatment continued to her on account of demand of money and finally being unable to bear the cruel treatment any more, on 10-9-1990 she committed suicide by consuming poison. Next day message was given to her uncles. Her death was registered as accidental death case No. 26/1990. After inquest panchanama of the dead body, post-mortem examination was conducted on the same. On 12-9-1990 her uncle P. W. I Sahebrao lodged a report at Police Station Hasnabad, on the basis of which Crime No. 94/90 against accused Nos. 1 to 4 came to be registered for the offences under sections 304-B, 306, 498-A read with section 34 of the Indian Penal Code. After investigation charge-sheet was filed against the accused Nos. 1 to 3.

(3.) Vide Exh. 28 all the three accused were charged for the offences under sections 304-B, 306, 498-A of the Indian Penal Code. They pleaded not guilty. On behalf of the prosecution in all 7 witnesses were examined. Taking into consideration the evidence on record, the learned trial Court acquitted accused persons for the offence punishable under section 304-B as well as under section 306, read with section 34 of the Indian Penal Code but convicted them for the offences punishable under section 498-A read with section 34 of the Indian Penal code.