SUDHAKAR SHANKAR CHAUHAN Vs. THE STATE OF MAHARASHTRA

JUDGEMENT

(1.) The appellant, alongwith four family members faced trial for offences punishable under Sections 498-A, 304-B and 306 read with section 34 of the Indian Penal Code ("IPC" for short), the allegation being that the appellant-accused subjected deceased Anita, the wife of accused Sudhakar Chavan to cruelty which forced her to commit suicide within a period of two months of marriage. While the family members are acquitted, appellant-accused Sudhakar Chavan is convicted for offence punishable under Section 498-A of the IPC and sentenced to suffer rigorous imprisonment for one year and to payment of fine of Rs. 1,000/- and is convicted for offence punishable under Section 306 of the IPC and is sentenced to suffer rigorous imprisonment for three years and to payment of fine of Rs.2,000/- and is further convicted for offence punishable under Section 304-B of the IPC and sentenced to suffer rigorous imprisonment for seven years and to payment of fine of Rs.3,000/-. It is this judgment and order dated 07-7-2004 rendered by the Additional Sessions Judge, Pusad in Session Trial 77 of 2002 which is assailed in this appeal.

(2.) Heard Miss. F.N. Haidari, the learned Counsel for the appellant and Shri. N.B. Jawade, the learned Additional Public Prosecutor for the respondent/State.

(3.) It is not in dispute that accused Sudhakar Chavan married Anita on 4.6.2002 and that at 6.30 a.m. of 30.7.2002 Anita died due to drowning in the village well. The case of the prosecution is Anita committed suicide while the defence contends that accidental death is a real possibility.