CHINTAMAN PANDURANG KAPSE Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Taking exception to conviction of appellant No. 1 for offences punishable under Sections 498-A, 306 and 304-B read with Section 34 of the Penal Code and conviction of appellant No. 2 for offences punishable under Sections 498-A and 306 read with Section 34 of the Penal Code, the accused before the learned 5th Ad hoc Additional sessions J udge, Nagpur, in Sessions Trial No. 77 of 2002, have preferred this appeal.

(2.) Facts, which led to prosecution and conviction of the appellants are as under: appellant No. 1 Chintaman was married to victim Kavita on 6-4-2001 with the mediation of appellant No. 2 Asha. After marriage the couple started residing in the premises of appellant No. 2 Asha. Kavita committed suicide by jumping in the well on the night of 10-11-2001. It was alleged by the victim's parents that Kavita used to be ill-treated by appellant no. 1 Chintaman at the instance of appellant No. 2 asha for non-fulfillment of demands of rs. 25,000/- and some articles like refrigerator, cooking gas, etc. , as also because of illicit intimacy between the two appellants. It was alleged that this drove victim Kavita to commit suicide. On the report, police had registered an offence and commenced investigation in course of which, after performing inquest, the body of Kavita was sent for post mortem examination. Police recorded statements of witnesses, performed necessary panchanamas and on completion of investigation, sent the charge-sheet before the learned Judicial magistrate First Class, 10th Court, Nagpur, who committed the case to the Court of Session.

(3.) The learned 5th Ad hoc Additional sessions Judge, Nagpur, to whom the case was made over, charged the appellants of offences punishable under Sections 498-A, 306 read with sections 34 and 304-B of the Penal Code. Since they pleaded not guilty, the appellants were put on trial; in course of which the prosecution examined in all eight witnesses. Upon consideration of evidence tendered at the trial, the learned Trial Judge convicted both the appellantis of offences punishable under Sections 498-A and 306 read with Section 34 of the Penal code and sentenced them to suffer simple imprisonment for two years and fine of rs. 1,000/- on the first count and simple imprisonment for five years and fine of rs. 1,000/- on the second count. The learned judge also held appellant No. 1 Chintaman guilty of offence punishable under Section 304-B of the Penal Code and sentenced him to suffer SI for seven years. Aggrieved thereby, the appellants have preferred this appeal.