SIRAJPASHA CHANDPASHA BUWAJI Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) This is an Appeal preferred by the original accused nos.1 and 2 in Sessions Case No.256 of 2009 on the file of the learned Additional Sessions Judge-2, Solapur, challenging the Judgment and Order dated 21/05/2014. By the impugned Judgment and Order, the Appellants were convicted for commission of offence punishable under Section 498A read with Section 34 of the IPC and were sentenced to suffer rigorous imprisonment for three years and to pay a fine of Rs.500/- each and in default of payment of fine, to undergo further rigorous imprisonment for one month each. Both the Appellants were further convicted for commission of offence punishable under Section 304-B read with 34 of the IPC and were sentenced to suffer imprisonment for life and to pay a fine of Rs.500/- each and in default of payment of fine, to undergo further rigorous imprisonment for one month each. Both the substantive sentences were directed to run concurrently and the Appellants were given benefit of set off under Section 428 of the Cr.P.C.

(2.) In addition to the charge for commission of the offences punishable under Sections 498-A and 304-B read with 34 of the IPC, an additional charge was framed under Section 302 of the IPC against both the Appellants on 15/03/2012. Both the Appellants were acquitted of the said charge at the conclusion of the trial.

(3.) The prosecution case, in brief, is as follows : The Appellant No.1 got married to one Raesa Begum in November 2008 at Solapur. It is alleged that Raesa was treated properly for about two months after the marriage but after that, both the Appellants started harassing and ill-treating Raesa for demand of Rs.2 Lakhs which they required to purchase a new house. It is alleged that Raesa was mentally and physically harassed for non-fulfillment of the said demand. Raesa became pregnant but she was not sent to her parental house. On 01/07/2009, Raesa's father requested the Appellants to send her with him to his house. It is alleged that the Appellants sent Raesa with him with a condition that she should be sent back only on payment of Rs.2 Lakhs. According to the prosecution case, on 02/07/2009, Raesa hanged herself in her father's house. She was taken to the hospital where during treatment, she breathed her last. A suicide note was found in her purse. Raesa's father lodged his FIR vide C.R.No.69 of 2009 at MIDC Police Station, Solapur, on 03/07/2009 at 120.00 p.m. under Sections 498A read with 304-B read with 34 of the IPC against both the Appellants. The investigation was conducted. Natural handwriting of the deceased was collected. The suicide note and the natural handwriting were Judgment.doc sent for handwriting expert's opinion. Various panchanamas, including the spot panchanama, etc. were conducted. Statements of various witnesses were recorded. The handwriting expert's opinion showed that the suicide note was in Raesa's own handwriting. After conclusion of the investigation, charge-sheet was filed. As the case was exclusively triable by the Court of Sessions, it was committed to the Court of Sessions for trial.