RESHMABAI GOVIND JADHAV Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Heard.

(2.) By this revision application, applicant challenges the judgment and order dated 9th April 1999 passed by the Additional Session Judge Nashik, dismissing the criminal Appeal No. 30 of 1998.

(3.) The applicant, who is the mother in law of Anita Raosaheb Jadhav (the deceased) is alleged to have committed offence punishable under section 498-A, 306 of the Indian Penal Code. According to the prosecution, on account of harassment at the hands of the applicant, Anita set herself ablaze, burnt herself alive and committed suicide. The applicant was arrested and was charged of the offence punishable under section 498-A and 306 of the Indian Penal Code. She was tried by the 4th Additional Session Judge Nasik, in Session Case No. 125 of 1997. After considering the evidence adduced on record, the 4th Additional Sessions Judge held that the prosecution had proved that Anita was subjected to cruelty by the applicant but had failed to prove that she had abetted her suicide. Accordingly, the 4th Additional Sessions Judge, Nasik, by his judgment and order dated 16th of March 1998 acquitted the applicant of the offence punishable under section 306 of the I.P.C. but convicted her of the offence punishable under section 498-A and sentenced her to suffer simple imprisonment for one year and pay fine of Rs.500/- and in default to suffer simple imprisonment for three months.