SAMBHAJI RAOSAHEB MANAL Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) This appeal challenges judgment and order dated 22.08.2002 passed by the learned Second Additional Adhoc Sessions Judge, Aurangabad, in Sessions Case No. 46 of 2000 in which there were five accused out of which accused NO.1-Sambhaji is convicted for offence punishable under section 498-A and 306 of the Indian Penal Code. Rest of the accused were acquitted. Accused No.1-Sambhaji has filed this appeal. The parties would be referred to by their designation in the lower Court.

(2.) The prosecution alleged that all the accused demanded Rs. 5000.00 from Kalpana - newly wedded bride of accused No.1 and harassed her over such demand. On 01.12.1999 Kalpana's dead body was found in a well, which was situated in agricultural land of accused No.1. The prosecution asserted that Kalpana committed suicide and her suicide was abetted by the accused.

(3.) The prosecution depended on in all eight witnesses. Out of which P.W.1-Rambhau, P.W.2-Govind and P.W.3-Madhukar are father and brothers of victim Kalpana. They tried to prove that Kalpana was subjected to harassment over demand of dowry.