MOHAN GANGARAM KESADE Vs. THE STATE OF MAHARASHTRA

JUDGEMENT

(1.) By this appeal, the appellant/accused is challenging the Judgment and Order dated 29/04/2017 passed by the learned Assistant Sessions Judge, Kolhapur in Sessions Case No.155 of 2016 thereby convicting him of the offences punishable under Section 498(A) of the Indian Penal Code as well as under Section 306 thereof. On first count, he is sentenced to suffer rigorous imprisonment for two years apart from payment of fine for Rs.1,000/- and default sentence of rigorous imprisonment for three months. On the other count, the appellant/accused is sentenced to suffer rigorous imprisonment for five years apart from directing him to pay fine of Rs.1,000/- and to undergo rigorous imprisonment for three months in default thereof. Substantive sentences are directed to run concurrently by the learned trial Court. The appeal is taken up for final hearing in the light of the fact that the appellant/accused is undergoing jail sentence imposed on him from 04/09/2016 and despite Order dated 22/08/2017 releasing him on bail, passed by this Court (Coram : Smt.Anuja Prabhudessai, J.), he could not secure his release as he is unable to furnish surety.

(2.) Facts leading to the prosecution of the appellant/accused and his resultant conviction can be summarized thus :

(3.) I heard Shri.Bardeskar, the learned Counsel appearing for the appellant/accused. He took me through the entire Record and Proceedings and argued that even if prosecution case is accepted as it is, then also the offence cannot be travelled beyond the one punishable under Section 498(A) of the Indian Penal Code. The learned Counsel appearing for the appellant/accused argued that in order to make out the offence of abetment the prosecution is required to establish by the cogent evidence instigation, incitement or provocation by the accused to the deceased to commit suicide. The prosecution is enjoined to adduce evidence establishing mens rea of the accused and evidence adduced by the prosecution is silent on these aspects, which are necessary for establishing the offence punishable under Section 306 of the Indian Penal Code. In support of his contention, the learned Counsel had relied on Judgment of the Honourable Apex Court in the matter of Sanju @ Sanjay Singh Sengar v. State of M.P .; (2002) 5 Supreme Court Cases 371. and Ramesh Kumar v. State of Chhattisgarh; (2001) 9 Supreme Court Cases 618.