STATE OF MAHARASHTRA Vs. NAVNATH EKNATH JAIGUDE

JUDGEMENT

(1.) The applicant-State of Maharashtra has filed this application for leave to file appeal against the judgment and order dated 28th February, 2006 passed by the learned IIIrd Ad hoc Additional Sessions Judge, Satara in Sessions Case No. 48 of 2005. By the said judgment and order, the learned Sessions Judge acquitted the respondent-original accused of the offence under sections 498- A and 306 of I.P.C.

(2.) The prosecution case is that the respondent-original accused was married to Manisha (deceased). After the marriage the accused demanded money from the parents and brother of Manisha. As the demand was not met, he harassed and ill-treated Manisha, due to which she committed suicide on 17th December, 2004 by jumping into a well.

(3.) The well in which the body of Manisha was found is just next to the residential vasti of one Satish Tukaram. THE village cultural building is to the West of the well. P.W.-1 Ashok has stated that all the ladies of the village used to go to the said well for washing clothes. THE well is not a constructed well and it does not have any structures or any wall. A bucket containing clothes was seen at the well and another bucket was found in the well. If Manisha wanted to commit suicide, she would not have carried along with her two buckets i.e. one containing clothes and another empty bucket. Moreover, if Manisha wanted to commit suicide she would not have chosen a well which was visible to all the villagers. It has come on record that the well is just near the village public road i.e. Bopegaon-Wai road, which road is on the northern side of the well. As already stated earlier, the village cultural building is to the West of the well. From the evidence of the witnesses, it is seen that a large number of persons used to passby the road next to the well. Hence, if Manisha wanted to commit suicide she would not have chosen such a spot which was visible to all. Moreover, finding of bucket of clothes next to the well and a bucket floating in the well when the body of Manisha was found indicates that it was a case of accidental death.