LAKHANLAL ROMKISHOR PATALBANSHI Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Exception is taken to judgment dated 22.11.2002 in Sessions Trial 223/1999 delivered by the 1st Ad hoc Additional Sessions Judge, Akola, by and under which, the appellant is convicted for offence punishable under section 498A of the I.P.C. and for offence punishable under section 306 of the I.P.C. and is sentenced to suffer rigorous imprisonment for one year and seven years respectively.

(2.) Heard Ms. Rajasi Mardikar, the learned counsel for the appellant and Shri A.V. Palshikar, the learned Additional Public Prosecutor for the respondent/State.

(3.) The genesis of the prosecution is an oral report (Exh.16) dated 01.06.1999 lodged by Hariprasad Kashyap at Police Station Mana, the gist of which is thus:- Hariprasad Kashyap stated in the police report that the marriage of his daughter Saroja and Lakhanlal Ramkishor Patalbanshi was solemnized on 08.05.1998. Saroja visited her parental house at Sukali on the occasion of Ashadhi, Nagpanchmi, Raksha Bandhan, Diwali and Holi. Hariprasad Kashyap (hereinafter referred to as "the informant") further states that he went to Mana to bring Saroja on the occasion of the marriage of son of the informant. During the said period, Saroja conveyed to the informant that Lakhanlal and his mother Fulkali are demanding Rs. 30,000/" for the purpose of service" and a two wheeler as well and that on her refusal Lakhanlal and his mother Fulkali are harassing her. Informant further states that Lakhanlal came to Sukali to escort Saroja back to her matrimonial home on 10.05.1999. Saroja told to the informant that due to harassment she would continue to stay in the parental home for one to one and half month. The informant pacified Saroja and told her that he would come to her matrimonial house after 15 days and would settle all the problems. The informant further states that Saroja had made disclosure about the demand to his other son Bhaiyalal and to his friend Rajendra Gawande. The informant further states that since Saroja was ill-treated by her husband Lakhanlal and his mother Fulkali, she was driven to commit suicide. On the basis of the said oral report First Information Report Exh.17 was registered and offence punishable under section 498A and 306 of I.P.C. against Lakhanlal and Fulkali.