ABHIMAN BABURAO GAIKWAD Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Challenge in this appeal is to judgment rendered by Additional Sessions Judge, Ambejogai, in Sessions case No. 44/1991 whereby the appellant has been convicted for offence punishable under Sections 498-A and 306 of the I.P.C. and is sentenced to suffer rigorous imprisonment for three (3) years on each count and to pay fine of Rs. 1,000/- (Rupees one thousand), in default to suffer rigorous imprisonment for two (2) months, on each count.

(2.) Briefly stated, the prosecution case is that deceased Radhabai was a good looking young woman. Her marriage with the appellant was performed on March 10, 1988. The appellant was employed as a postman. He use to reside at village Yusufwadgaon. After about couple of months of the marriage, he started beating, harassing and ill-treating the wife (Radhabai) in the matrimonial home. He was addicted to vice of liquor drinking. He use to regularly return home in drunken condition and beat her. He use to express suspicion about her character. He had demanded amount of Rs. 1,000/- (Rupees one thousand) from her parents. Her mother took the money and went to house of the appellant. However, his father refused to accept the money. She purchased one nose-ring (Nathani) for her daughter. In her presence, at the time of Rakhi Pournima festival of 1989 i.e. in the month of August, the appellant had beaten up Radhabai in the matrimonial home. Thereupon his father urged her mother to take away Radhabai to her house. So, mother of Radhabai returned to her house at Ambejogai alongwith Radhabai. She resided with her mother uptill 6.11.1990. Even during that period, the appellant use to visit the house of his inlaws and use to ill-treat deceased Radhabai. He use to ask the inlaws to send her with him. In a common meeting of the relatives, her parents ultimately decided to send her with the appellant when he agreed to execute an undertaking in writing to give her proper treatment. He executed a written undertaking on stamp paper and assured that he would not beat her or ill-treat her any more. Thereafter, Radhabai was sent with him on the next day. Within about a fortnight, her parents received information that she was admitted in SRTR Medical College Hospital at Ambejogai due to burn injuries. They visited the Hospital and met her. She narrated to them that the appellant did not allow her to speak out the truth. She narrated to them that it was the appellant who had done all the things and, therefore, she had received the burn injuries. She succumbed to the burn injuries on 30.11.1990. Initially a case of accidental death (A.D. No. 28/90) was registered. The Police investigation, however, indicated material to show that deceased Radhabai was subjected to matrimonial cruelty meted out to her. On basis of the material gathered during the investigation, the appellant was charge-sheeted for offences punishable under Sections 498-A and 306 of the I.P.C.

(3.) The appellant denied truth into the accusations. He adopted defence of simple denial in the context of allegations of the matrimonial cruelty and suicidal death of deceased Radhabai. He asserted that Radhabai met with an accident due to bursting of stove and hence, had received the burn injuries.