VINOD RAMCHANDRA JADHAV Vs. THE STATE OF MAHARASHTRA

JUDGEMENT

(1.) The Appellant - accused was tried along with his parents for offence punishable under Section 498 -A, 306 read with 34 of the Indian Penal Code, 1860 ("IPC" in brief), or alternatively for offence under Section 304 -B read with 34 of IPC. While his parents came to be acquitted, the Appellant - accused (hereafter referred as "accused") was convicted under Section 498 -A of IPC and sentenced to suffer rigorous imprisonment for two years and fine of Rupees Two Thousand. In default of fine, he has been directed to suffer further rigorous imprisonment for six months. He was convicted for offence punishable under Section 306 of IPC and sentenced to suffer rigorous imprisonment for five years and to pay fine of Rupees Three Thousand. In default of fine, he has been directed to suffer further rigorous imprisonment for six months. Thus, this Appeal.

(2.) The case of prosecution, in brief, is as under: -

(3.) The accused persons pleaded not guilty. The defence of the accused is of denial. The fact that the marriage took place on 9th May 1999 and the marriage was brought about by PW -3 Panditrao Kadam, is not in dispute. It is not in dispute that when the marriage took place, the accused along with his parents were living together. At the time of Diwali of 2000, victim had gone to the place of her parents, is also not disputed. The victim died due to consumption of insecticide is also not disputed. According to the accused, on day of incident he was in the field of complainant Panditrao for getting his jawar thrashed and Tukaram, son of complainant came to the field asking for key of his house as victim wanted to go home. According to accused, Tukaram said that there was quarrel between Godavaribai, the wife of complainant and victim and as Godavaribai scolded the victim, she wanted to go home. He had given the key to Tukaram. After some time PW -4 Vitthal Kadam came running to the field informing that due to the quarrel of victim with Godavaribai, victim has consumed insecticide and was lying in the house. He went home and saw people gathered in his house. He took the victim beyond the river and tried to take her to the hospital. She was put on motorcycle by him with one Subhash and another but she died after the motorcycle went some distance.