STATE OF MAHARASHTRA Vs. NATHPRASAD

JUDGEMENT

(1.) Present appeal has been filed by the State challenging the acquittal of the accused persons from the offences punishable under Sections 498A, 302, 304-B read with Section 34 of I. P. C. in Sessions Case No. 27 of 2002 by 3rd Adhoc Additional Sessions Judge, Aurangabad.

(2.) Prosecution has come with a case that one Ramkrishna Dattu Sutar resident of Kasar Shiral, Dist. Latur was having 2 sons and 2 daughters. He was serving as Teacher with the private institution. Deceased Madhuri was his 4th child. Madhuri got married to accused No. 1 on 1.12.2000. All the accused persons were residing together. Accused No. 1 is the husband of deceased, accused Nos. 2 and 3 are the parents of husband-accused No. 1, accused Nos. 4 and 5 are the sisters of accused No. 1. It has been stated in the F. I. R. that at the time of marriage, he had given all the gifts which are required under rituals. However, his expectations were more, he could get that from talks with Madhuri on phone. All the accused persons used to give pinching words to Madhuri. Thereafter, accused Nos. 1, 3 to 5 used to assault Madhuri. Accused No. 2 used to abuse her. She used to explain the ill-treatment given to her, to her parents. However, they were not paying much attention so that there should not be any hurdle in her marital life. Accused persons were demanding amount of Rs. 70,000/- in cash and gold ring of one tola. Madhuri had gone to Kasar Shiral for celebrating Makarsankranti on 12.1.2001. At that time, she disclosed that all the accused persons are demanding the said articles and assaulting her, abusing her and giving threat to kill for the fulfillment of the demand. Informant himself had left Madhuri to her matrimonial home and at that time, he had given an advice to accused persons that they should not harass his daughter. He promised that he would give amount of Rs. 20,000/- and gold ring of half tola. In spite of that there was no satisfaction on the face of accused persons. He was informed by accused No. 1 on 23.3.2001 that Madhuri had poured kerosene on her person and set herself to fire and then she has expired. Even the Police Officer also gave the said message to him. Therefore, he came to Paithan and saw the dead body of daughter. Thereafter, he lodged the F. I. R.

(3.) On the basis of F. I. R., offence vide C. R. No. 24 of 2001 came to be registered for the offence punishable under Sections 302, 304-B, 498-A read with Section 34 of I. P. C. and the investigation was undertaken.