NARAYAN SHRIRAM MUNDALE Vs. THE STATE OF MAHARASHTRA

JUDGEMENT

(1.) The appellant was charge-sheeted under Section 498-A, 306 and 304-B read with Section 34 of the Indian Penal Code (" IPC " for short) alongwith seven family members. The learned Additional Sessions Judge, Khamgaon, by judgment and order dated 20-8-2003 in Sessions Trial 59/1998 was pleased to convict the appellant Narayan for offence punishable under Section 498-A of the IPC and to impose sentence of rigorous imprisonment for one year and to payment of fine of Rs.1,000/- and under Section 306 of the IPC and to impose sentence of rigorous imprisonment for three years and to payment of fine of Rs.1,000/-. The other family members are acquitted of all the offences and the appellant-accused is acquitted of offence punishable under Section 304-B of the IPC. It is this judgment and order which is impugned herein.

(2.) Heard Shri P.R. Agrawal, learned Advocate for the accused and Shri V.P. Maldhure, learned Additional Public Prosecutor for the respondent.

(3.) The genesis of the prosecution lies in complaint dated 16-4-1998 lodged by P.W.1 Bhagwan Hanuwate with the Police Station Shegaon alleging that his daughter Renuka committed suicide by consuming poison due to the ill-treatment to which she was subjected by her husband Narayan and other family members. On the basis of the said report (Exhibit 46) and printed first information report (Exhibit 47) offence under Sections 498-A , 304-B and 306 read with Section 34 of the IPC came to be registered against the accused and other family members. The culmination of investigation led to submission of charge-sheet in the Court of Judicial Magistrate First Class, Shegaon who committed the proceedings to the Sessions Court.