AMBADAS JEEVANRAO PATIL Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) This appeal is directed against Judgment rendered by learned additional Sessions Judge, Biloli, in Sessions case No. 54 of 1995, whereby the appellant has been convicted for offences punishable under sections 498-A and 304-B of the I. P. Code and sentenced to suffer rigorous imprisonment of two years and to pay a fine of Rs. 2,000/-, in default to suffer rigorous imprisonment for six months on the first count and to suffer rigorous imprisonment for seven years on the second count.

(2.) The prosecution case, in nutshell, is that the appellant ill-treated his deceased wife, namely, Shobhabai on account of her failure to fulfill unlawful demand of amount required to purchase a motor-cycle or to provide the motor-cycle to him. In the month of May, 1992, marriage between the appellant and Shobhabai was performed. She happily cohabited with the appellant for initial period of about six months. She became pregnant, and as such, was reached to house of her parents for the purpose of delivery. She delivered a male child. She resided with her parents and brothers for about one year. She was reached to house of the appellant by her brother Suresh. The customary presents were given to the appellant and his relatives when she was reached to his house. After some period, he started demanding money for purchasing a motor-cycle. She narrated about his demands to her brother and others. They expressed financial difficulties to meet out such demand. However, he and his relatives continued to make such demand. They used to ill-treat shobhabai because of non-fulfillment of the demand. He used to beat her due to her failure to fetch the required amount from her parents. On 8th July, 1995, the parents and brother received message regarding her death. They immediately went to house of the appellant at village Bhutan Happarga. They noticed some marks of violence on her body. They suspected that she was done to death some where in the night between 7th and 8th July, 1995 by the appellant and his relatives in the matrimonial home. Her brother (PW Girish) lodged a report at Markhel Police Station in the next evening. On basis of material collected during course of the investigation, the appellant along with his parents, brother and sister were charge-sheeted for the offences punishable under sections 498-A and 304-B of the LP. Code.

(3.) Heard learned counsel Mr. N. N. Shinde for the appellant and learned A. P. P. Smt. A. V. Gondhalekar for the State.