RAVINDRA TEJRAM PARSHURAMKAR Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) This appeal has been directed against the judgment and order dated 15.1.2018 delivered by the learned Additional Sessions Judge, Gondia in Sessions Trial No.35/2015 whereby the learned Additional Sessions Judge has convicted the appellant (hereinafter referred to as the 'accused') for the offence punishable under section 498-A of the Indian Penal Code and sentenced to suffer rigorous imprisonment for two years and to pay a fine of Rs.1000/- in default to suffer simple imprisonment for one month. The accused was further convicted for the offence punishable under section 306 of the Indian Penal Code and sentenced to suffer rigorous imprisonment for five years and to pay a fine of Rs.2000/- in default to suffer simple imprisonment for two months.

(2.) The prosecution case, in brief, is as under : The complainant Smt. Meerabai Uddhavji Sonwane, resident of Bhagwanpur, Tahsil-Kurkheda, District-Gadchiroli was having five daughters. Deceased Nalu was her youngest daughter. Nalu got married with the accused on 3.4.2012. After marriage, Nalu started residing with her husband and in-laws at Navegaon Bandh, District-Bhandara. After two to four months of the marriage, Nalu started complaining against her husband to her parents. Nalu complained to her mother that husband and in-laws were ill-treating her. She informed that her husband used to abuse her for household work and he used to say that she is dark in complexion and dwarf and her parents had not given sufficient gifts in the marriage and the sofa and alimarh which were given were not good. Her husband used to abuse her and assault her. The complainant however pacified her daughter and sent her to her matrimonial home. At the time of 'Holi' festival in the year 2013, the accused consumed liquor and assaulted Nalu. He also threatened her that he would arrange for killing her mother and brother. He ousted Nalu from his house. At that time, Nalu contacted the complainant on telephone, so also the accused also contacted the complainant and asked her to take Nalu with her. The complainant then along with her son-in-law Maruti Zode went to Navegaon Bandh. At that time, the accused asked the complainant to take Nalu with her, otherwise he would commit suicide. On this, the complainant brought Nalu to her house at Bhagwanpur. At that time, Nalu was carrying two months' pregnancy. Nalu then stayed with the complainant for about two months. On 1.5.2013, there was a marriage of sister of Nalu. At that time, the accused attended the said marriage. He told the complainant that he would not ill-treat Nalu any more and thereafter he took Nalu with him to Navegaon Bandh. After few days, Nalu again made a phone call to her mother and informed her that accused used to abuse and assault her by consuming liquor. At that time, Nalu was carrying a pregnancy of seven months. In August, 2013, the accused consumed liquor and assaulted Nalu on her abdomen. Nalu again contacted the complainant on telephone about the said incident. It is the case of the prosecution that the neighbour took Nalu in the hospital of Dr. Kapgate. She was admitted in the hospital of Dr. Kapgate and further she was taken to the Primary Health Center (PHC) at Navegaon Bandh. Nalu was further admitted in Bai Gangabai Women Hospital at Gondia. The complainant then went to the hospital at Gondia. At that time, Nalu informed her that accused had assaulted her on abdomen. At that time, Nalu was hospitalized about four days. The accused assured that he would not ill-treat Nalu and thereafter he took Nalu to his house at Navegaon Bandh. Thereafter she was taken to Bhagwanpur. In October, 2013, Nalu delivered a female child. After one month, accused again came to the complainant and told that he would keep properly to Nalu and his daughter and took them to his house at Navegaon Bandh. In December, 2013, naming ceremony of his daughter was performed. At that time, there was a quarrel between Nalu, her husband and in-laws. The accused abused Nalu and also assaulted her. Thereafter, the complainant brought Nalu to Bhagwanpur. Nalu then lodged complaint against the accused in the Court at Kurkheda, but there was settlement between the accused and Nalu. Thereafter, the accused brought Nalu in March-2014 at Navegaon Bandh. In June-2014, Nalu went to the house of the complainant and informed her that she along with the accused were residing separately from her in-laws. She however informed that the accused continued abusing and assaulting her. At that time, Nalu had consumed 10 to 12 pills of medicine as she was fed up with the ill-treatment at the hands of the accused. On 11.11.2014 at 10.45 am, the complainant received a phone call from the accused. At that time, Nalu complained her that she was not keeping well and the accused was abusing and assaulting her since morning. The complainant pacified Nalu as well as the accused. Thereafter, at about 12.00 in the noon, the complainant again received a phone call from the accused. At that time, he informed that Nalu died due to hanging. Therefore, the complainant along with her relatives went to Navegaon Bandh. After four to five days, the complainant lodged the complaint in the Police Station at Navegaon Bandh against the accused.

(3.) I have heard Shri M.N. Ali, the learned counsel for the appellant- accused and Shri I.J. Damle, the learned Additional Public Prosecutor for the respondent-State.