SAHEBRAO ANANDRAO POHARE Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) All accused-appellants question their conviction under Section 498-A and 306 of Indian Penal Code by the 3rd Adhoc Additional Sessions Judge Washim. They have been sentenced to undergo R. I. For a period of 5 years for having committed offence under Section 306 and one year for having committed offence under Section 498-A Indian Penal Code.

(2.) Facts giving rise to the prosecution are as follows: Jyoti daughter of complainant Chandrabhan was married to the accused No.1. A few months prior to her death after the marriage she went to live with the accused at Risod. She was brought by her father after a month to his house. It is alleged that at that time deceased Jyoti told her father that the accused were demanding Rs.10,000/- for purchase of Motorcycle and if she failed to bring the amount she would be killed and for this reason she was being illtreated. She was assured that the amount would be paid after it is collected. She was then reached to her matrimonial home. After 8 days father received an information that Jyoti has jumped into the well and has died. The dead body of Jyoti was removed from the well and inquest panchanama was held, postmortem was also conducted. It was found that deceased had died due to asphyxia due to drowning. Father of the deceased then lodged report with the police. After the investigation charge sheet came to be filed against all the accused persons. Judicial Magistrate, First Class, committed the case to the Court of Sessions and after recording the evidence Sessions Judge found the accused guilty and sentenced them. It is against this order of conviction and sentence that this appeal has been preferred.

(3.) I have heard the learned counsel for the appellants and the State-respondent.