DEEPAK KISHANRAO NARWADE Vs. THE STATE OF MAHARASHTRA

JUDGEMENT

(1.) Original accused No. 1 in Sessions Case No.156/2001 has taken exception to the judgment and order of conviction under Section 498-A and 306 of the Indian Penal Code (hereinafter referred to as Ï.P.C.") passed by 3rd Additional Sessions Judge, Nanded. Respondent is State of Maharashtra.

(2.) Facts leading to institution of this appeal are that Chokhoba Madhavrao Sarpate was the father of six daughters and one son. He resided at Digras, Taluka Ardhapur, District Nanded. Deceased Sheela was one of his daughter, who married accused No.1 Deepak Kisan Narwade, resident of village Anmal, Taluka Mahur, District Nanded, prior to two years before the death of Sheela. One of the daughter of Chokhoba namely Chhaya also resided at village Anmal with her husband Sarinath and her house was near the house of accused No.1.

(3.) Prosecution case in brief is that after marriage of deceased Sheela, she cohabited with accused No.1, his parents and other family members. For the period of one year the matrimonial life of Sheela was happy and normal. However, thereafter whenever Sheela came to her parental home at the eve of festivals, she used to inform her parents that her husband ill treated her by doubting her character. Sheela also complained against her in-laws and other family members that they ill treated her because she was not able to do household properly and because Sheela was elder than her husband. Six months before the incident when Chokhoba Sarpate (PW-1) paid visit to the house of accused persons at Anmal, all accused asked him to take Sheela with him to her parental home as she was not able to do household work properly. Therefore, Chokhoba (PW-1) took Sheela to her parental home at Digras. However, again four months thereafter brother-in- law of Sheela came to the house of Chokhoba Sarpate (PW-1) at Digras and asked him to send Sheela at Anmal. Therefore, Chokhoba (PW-1) took Sheela to the house of accused at Anmal.