SUBHASH Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) The appellant has challenged judgment and order dated 21.04.2005 passed by the Sessions Court at Akola (trial Court) in Sessions Trial No. 137 of 2004, whereby he was convicted under Section 306 of the Indian Penal Code (IPC) and he stood sentenced to suffer rigorous imprisonment for five years and to pay fine of Rs. 2000/-. The appellant was also charged with having committed offence punishable under Section 498-A of the IPC but he stood acquitted of the same by the trial Court.

(2.) According to the prosecution case, the appellant was married to the deceased Sharda on 30.05.1991 and they had two sons Nikhil and Amol. As per the prosecution case, since the appellant desired to purchase a house, he was harassing the deceased to bring money from her parents and that he had sent her to the house of her parents on 12.08.2003 to bring money. The deceased Sharda returned to the matrimonial home on 14.08.2003. On 15.08.2003, in the morning when she was washing clothes, the appellant came home after attending flag hoisting ceremony in his office. He asked her to give pickle to him. The deceased Sharda told him to take it himself, upon which he got annoyed and started beating her and he also twisted her hand. Upon this, the said Sharda stated that she would end her life by consuming poison and the appellant allegedly told her to do so. Consequently the said Sharda did consume poison. She was taken to the hospital by her son Nikhil PW1 and one Mr. Gedam. Initially an accidental case under Section 174 of the Code of Criminal Procedure (Cr.P.C.) was registered. The said Sharda died on 16.08.2003 at about 11 a.m.

(3.) After about 3 days, i.e. on 19.08.2003, an oral report was submitted by brother of the deceased PW5 Laxman Satpute in the Police Station, claiming that the appellant had harassed the deceased in connection with demand of money and that the said Sharda had been driven to commit suicide. On this basis, first information report (FIR) was registered against the appellant in Police Station Civil Lines, Akola, for offences punishable under Sections 498-A and 306 of the IPC. Investigating Officers PW6 and PW7 conducted the investigation and submitted charge sheet, on the basis of which the appellant was charged with having committed the said offences.