BALASAHEB ANNAPPA WAGHMARE Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) BY means of this revision the petitioner has impugned the judgment and order dated 23rd August, 1991, passed by the 3rd Additional Sessions Judge, Kolhapur, in Criminal Appeal No. 101 of 1989. Whereby the judgment and order dated 22-5-89 passed by the Assistant Sessions Judge, Kolhapur in Sessions Case No. 95 of 1988 convicting him for offences punishable under sections 304 (B), 306 and 498-A I. P. C. and sentencing him to undergo R. I. for 7 years and to pay a fine of Rs. 2,000/- in default to suffer R. I. for 6 months, R. I. for 2 years and to pay a fine of Rs. 1,000/- in default to suffer R. I. for 4 months and R. I. for 1 year and to pay a fine of Rs. 500/- in default to suffer R. I. for 2 months respectively has been confirmed.

(2.) BRIEFLY stated the prosecution case is that the deceased Sunita, daughter of P. W. 1 Laxman Awale was married to the petitioner on 11-5-1986. The evidence is that 8 to 10 months after the marriage, the ceremony in connection with pregnancy of 7 months was held in which the petitioner was only given clothes and not a golden ring which he wanted. Consequently he stared harassing her. It is also alleged that on Padwa day in 1987 both the petitioner and Sunita came to the house of P. W. 1 Laxman and the petitioner demanded Rs. 5,000/- for buying a motor cycle. P. W. 1 Laxman however, could manage only Rs. 1,000/ -. It is said that as P. W. 1 Laxman could not give the money Sunita started crying as she was apprehensive of more harassment. The evidence is that she was subjected to cruelty and harassment on account of this by the petitioner and his mother Kasabai Waghmare, who has been acquitted by the trial Court. On 30-3-88 at about 8 p. m. she went to answer the call of nature and did not return back to the house. Consequently her parents were informed about this and they came to village Latwade where Sunita used to reside with the petitioner. On 31st March 1988 i. e. the next day Sunitas corpse was taken out from a well. According to the prosecution on account of the harassment and cruelty meted out by the petitioner she committed suicide. The F. I. R. of the incident was lodged by Laxman P. W. 1 at Police Station Vadgaon and on its basis a case under section 304-B I. P. C. etc. was registered against the petitioner and his mother Kasabai. After the usual investigation the petitioner and his mother were chargesheeted. The case came up for trial before the Assistant Sessions Judge, Kolhapur. In the trial Court in all prosecution examined 17 witnesses. The trial Court found the petitioner guilty on the counts mentioned in para 1 and convicted and sentenced him in the manner stated in the said paragraph. It, however, acquitted co-accused Kasabai, because as observed in paragraph 13 of the judgment there was no evidence against her. The Appellate Court confirmed the conviction and sentence of the petitioner. Hence this revision.

(3.) I have heard Mr. A. P. Mundergi for the petitioner and Mr. I. S. Thakur for the respondent. I have also perused the impugned judgment and record and proceedings. After reflecting over the matter I am of the judgment that this revision needs to be partly allowed, inasmuch as the petitioner deserves to be acquitted for the offence under section 304 I. P. C. and his jail sentence for the offence under section 306 I. P. C also deserves to be reduced.