JAYAWANTBAI SATYADEO SADAFALE Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) This is an appeal by the accused who has been convicted by the Additional Sessions Judge, Akot for having committed offences punishable under section 304-B and 498-A of the Indian Penal Code. She was sentenced to undergo 10 years and 7 years imprisonment respectively for commission of those offences. The accused No. 1 has not preferred any appeal. The appellant shall hereinafter be referred to as accused No. 2.

(2.) The deceased Meena was living at the house of maternal uncle with her mother. She was married to accused No. 1 on 2-6-2003. Accused No. 2 is mother-in-law of Meena. After the marriage, Meena was treated nicely. She had come to the house of maternal uncle once or twice after the marriage. When she had come for the Mahalaxmi Pujan, at that time she complained that her husband and mother-in-law were asking her to bring a T. V. Set and Rs. 10,000/-, as they were not given in the marriage. When she used to refuse to bring the T. V. set and money, it is alleged that she was being beaten and was being kept without food. She was, however, persuaded to go back to the house of the accused. Madhukar, the complainant, provided a T. V. set and gave it to her husband. Thereafter also the demand of the dowry amount continued. Eight days prior to death when meena had come to the house of the complainant, she was weeping. She once again told that she was being harassed and was being still asked to bring Rs. 10,000/ -. The accused No. 2 - mother-in-law- used to say to accused No. 1 that he should kill Meena and get remarried. Meena was turned out of the house by the accused persons and was told that she should not come back unless. she brings money. The accused No. 1 was, therefore, called at the house of the complainant. The complainant paid Rs. 4000/- to accused No. 1 and sent Meena back to his house with him. On 8-5-2004, the complainant received a message that Meena had died. He went to the house of the accused early in the morning. Accused no. 1 did not allow the complainant to enter into the room in which Meena was lying dead. Later the door was opened and it was found that Meena was lying dead in a burnt condition. He, therefore, lodged report with the police. The police registered an offence under section 304-B of the Indian Penal Code. After completion of the investigation, a charge-sheet came to be filed against the accused persons.

(3.) The Judicial Magistrate (F. C. ) committed the case to the court of sessions. The court of Sessions framed a charge. Accused pleaded not guilty. On consideration of the evidence, the Sessions Judge found both the accused guilty under both sections and convicted them. It is against this order of conviction that this appeal has been preferred by accused No. 2 alone.