RAJENDRA RAMKRISHNA LANDE Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) THROUGH this appeal, the appellant challenges the judgment and order dated 6.10.1990, passed by the Sessions Judge, Solapur, in Sessions Case No. 126 of 1990, whereby he has been convicted and sentenced in the manner stated hereinafter:

(2.) IN short, the prosecution case runs as under : On 21.5.1989, the appellant was married to the deceased Archana. The evidence shows that whatever was settled in the marriage was given to him. 20 days after the marriage, Nagnath, Archana's father went to village Kurul where Archana was living after marriage and was told by her that the appellant and his parents were harassing her on the ground that the articles settled were not given in the marriage and were also demanding a motor -cycle. Archana also told Nagnath that the appellant wanted to re -marry. Three weeks prior to the date of the incident, Gopabai, grand -mother of the appellant came and informed Nagnath that Archana was ill and was calling him and his wife. Consequently, they went and found that Archana was notill. The appellant and his parents told them that they were not willing to maintain Archana. On 7.12.1989, Nagnath received a letter Exhibit 25 from the appellant stating therein that he wanted divorce within 4 days. On 14.12.1989, Nagnath had gone to Mohol. At about 5.30 p.m. when he returned, he found that Archana was dead. On enquiry, he learnt that she had committed suicide by hanging herself and a chit (Exhibit 32) fastened to her right wrist by two rubber bands was found. The said chit was in Archana's handwriting and therein it was mentioned that on account of ill -treatment of the appellant and his parents and because of the demand of motor -cycle by the appellant and the prospect that he was going to marry again in her life -time, she had committed suicide. It was also mentioned therein that Rs. 35,000/ - which has been spent in the marriage by her parents should be taken from the appellant and others.

(3.) AFTER the usual investigation, the appellant and others were charge -sheeted. They were put up for trial for various offences. During trial, in all, prosecution examined 11 witnesses. In defence, two witnesses viz. Dr. Prakash Joshi and Dr. Abhay Amle were examined by the appellant with a view to substantiate his defence that after the marriage, Archana was frequently falling sick and on account of her chronic illness, she committed suicide.