SHAMRAO SHIVAJI JAGDALE Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) HEARD Mr.Bhosale, learned counsel for the appellants.

(2.) THIS appeal is preferred against the order dated 8th June, 1990 passed by the learned 2nd Addl. Sessions Judge, Sangli in Sessions Case No. 86 of 1989, whereby the learned Judge has held the appellants-accused guilty for offences punishable under sections 498-A read with 34 I.P.C. and 306 read with 34 I.P.C. and sentenced each of them to suffer R.I. for one year and to pay as fine of Rs.250/- in default to suffer R.I. for two months for offence under section 498-A read with 34 IPC and they were also sentenced to suffer R.I. for three years and to pay a fine of Rs.500/- each, in default to suffer R.I. for six months for offence under section 306 read with 34 IPC. Substantive sentences were ordered to run concurrently.

(3.) THE incident of alleged suicide took place on 28.1.88. Her dead body was found from the well at the distance of half furlong from the residence of accused persons and on receiving the information, F.I.R. was lodged by the father of deceased Pushpa. In the F.I.R., P.W.3 did not disclose any act of cruelty administered on the deceased Pushpa at the hands of her in-laws i.e. accused persons. In the oral evidence before the court, he has made certain statements and tried to involve the appellants-accused persons in the act of committing suicide by Pushpa. The postmortem report does not speaks regarding any ante-mortem injury.