SATISH FAKIRA DHANGAR Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Challenge in this Appeal is to Judgment rendered by learned Additional Sessions Judge, Dhule, in Sessions Case No. 150 of 1994 whereby Appellants were convicted for offences punishable under Section 498A and 306 read with 34 of the Indian Penal Code and have been sentenced to suffer rigorous imprisonment for one year and for three years along with fine of Rs. 500/- in default to suffer rigorous imprisonment for six months each.

(2.) Appellant No. 1 Satish is husband of deceased Kalpana, Appellant No. 2 Bapu is his elder brother. Appellant No. 3 Latabai is the wife of Appellant No. 2 Bapu. The marriage of deceased Kalpana and Appellant No. 1 Satish was performed on April 20th, 1990 at village Kadane. She resided with the Appellants in a joint family house for some period. Appellant No. 2 Bapu runs a grocery and fair price shop in the village. The parents of deceased Kalpana are inhabitants of a nearby village, namely War (Kadane) .There was partition of the house property after some months of the marriage and Appellant No. 1 Satish along with deceased Kalpana and his parents started residing in one part of the house which was divided by means of a middle wall. Since about at least couple of years before the alleged incident, they were separately residing from Appellants Nos. 2 and 3. Out of the wedlock, Kalpana delivered a female child. The delivery of the child was arranged at her parents house somewhere at fag end of the year 1993. She was sent to the house of Appellant No. 1 with customary gifts ("Mool" articles).

(3.) Indisputably deceased Kalpana met with suicidal death on September 5th, 1994. She had gone to the agricultural land for spreading insecticide called thymet on the crops. Apparently she consumed the insecticide and died due to poisonous contents thereof. On the same day the dead body was subjected to the postmortem examination at Rural Hospital. Sindhkhede. The Medical Officer preserved viscera and sent it to office of the Chemical Analyser in sealed condition. The report of Chemical Analyser confirmed that the death occurred due to consumption of poisonous insecticide called "Thymet".