VITTHAL Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) This appeal is directed against the appellant's conviction and sentence of rigorous imprisonment for three years and fine of Rs.500 or in default RI for six months, for offence punishable under Section 498-A of the Penal Code and RI for ten years with fine of Rs. 1,000/- or in default RI for three years on each count for offences punishable under Section 304-B and 306 of the Penal Code.

(2.) Facts, which led to prosecution and conviction of the appellant, are as under. Complainant Rajmati's daughter Kaveri was married to the appellant on 12-2-2005, at which Kaveri's uncle Uddhav had paid a dowry of Rs.81,000/ The appellant was allegedly residing jointly with his parents and brothers, who too were co-accused at the trial, but have been acquitted. It was the prosecution case that Kaveri was ill-treated by all the accused on account of her failure to get a sum of Rs. 1 lac to secure job for the appellant. On 3-12-2005, Kaveri committed suicide by consuming poison. On a report by Rajmati, on 6-12-2005, an offence was registered and investigation commenced. Investigation revealed that Kaveri had died of poisoning. Statements of witnesses were recorded in course of investigation and upon finding that there was enough material to charge sheet the appellant and his family members, the Investigation Officer filed charge-sheet in the Court of Judicial Magistrate First Class, Pusad, who committed the case to the Court of Session.

(3.) All the accused pleaded not guilty to the charge of offences punishable under Section 498-A, 304-B and 306 of the Penal Code framed by the learned Additional Sessions Judge. Hence, they were put on trial at which the prosecution examined in all four witnesses, namely, PW1 Rajmati, the complainant, and victim's mother, PW2 Uddhav, victim's uncle, PW3 Prahlad, victim's maternal uncle, and PW4 API Chavan, the Investigating Officer. The appellant examined himself in his defence, and denied that there was any ill-treatment or any provocation to the victim to make her commit suicide. After considering the evidence tendered, the learned Additional Sessions Judge convicted and sentenced the appellant as mentioned above and acquitted the other accused tried alongwith the appellant. Aggrieved thereby, the convict has preferred this appeal.