TULSHIRAM Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Being aggrieved by judgment and order of conviction passed by learned 2nd Ad hoc Additional Sessions Judge, Chandrapur in Sessions Case No.59/1998 dated 20.12.2001 by which each of the appellant was convicted for the offence punishable under Sections 306 read with Section 34 of the Indian Penal Code and was ordered to suffer rigorous imprisonment for three years and to pay a fine of Rs.1,000/ by each of them and in default to suffer rigorous imprisonment for one month. They were also convicted for the offence punishable under Section 498A read with Section 34 of the IPC and on that ground the sentence is sufferance of one year rigorous imprisonment for each of them and to pay a fine of Rs.500/ each and in default to suffer rigorous imprisonment for 15 days, the appellants are before this Court. The appellant nos.1 and 2 are father and mother in law of the deceased Nita. The appellant no.3 is husband of the deceased. The appellants were charged by the learned Judge of the trial Court that they, in furtherance of their common intention, subjected the deceased Nita to cruelty by willful conduct which was of such a nature as was likely to drive her to commit suicide and also harassed her mentally and physically by demanding Rs.50,000/ to her and thereby committed an offence punishable under Section 498A read with Section 34 of the IPC. They were also charged that on 16.03.1998, the deceased Nita committed suicide at Ghuggus by hanging herself and the appellants, in furtherance of their common intention, abetted her to commit suicide by subjecting her to humiliation and cruelty within the meaning of Section 498A of the IPC and thereby committed an offence punishable under Section 498A read with Section 34 of the IPC.

(2.) I have heard Mr. M. P. Khajanchi, learned counsel for the appellants and Mrs. K.R. Deshpande, learned A.P.P. for the State. Both of them took me through the record and proceedings of the sessions case in detail.

(3.) The marriage between the appellant no.3 and the deceased in the year 1997 is not in dispute. Dr. Narayan Daware (PW2) has performed autopsy over the dead body of Nita when the same was brought to General Hospital, Chandrapur on 17.3.1998. He proved the post morten notes (Exh.22). According to the evidence of the Doctor, the deceased died due to hanging resulting into injury to vital organs like brain, heart and lungs due to strangulation and shock.