JANARDHAN ASARAM PERE Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Challenge in this appeal is to judgment rendered by learned Additional sessions Judge, Aurangabad, in Sessions Case no. 138 of 1995 whereby the appellants have been convicted for offences punishable under sections 498-A and 306 read with section 34 of the IP. Code. They have been sentenced to suffer rigorous imprisonment for one (1) year and to pay fine of Rs. 1000/-, in default to suffer rigorous imprisonment for three (3) months for offence punishable under section 498-A read with section 34 of the IP. Code. They are further sentenced to suffer rigorous imprisonment for three (3) years and to pay fine of Rs. 1000/-, in default to suffer rigorous imprisonment for three (3) months for the offence punishable under section 306 read with section 34 of the Ip. Code.

(2.) Originally, four (4) accused persons were made to stand their trial for the offences indicated above. Out of the four (4)accused persons, original accused Nos. 2 and 3, who are the husband and father-in-law of deceased Mangala, have been acquitted of the charges. The present appellants are the brother-in-law and mother-in-law of deceased mangala.

(3.) Briefly stated, the prosecution case is that for about one year, Mangala was treated well by the appellants, her husband and the father-in-law. She secured a job as anganwadi Sevika in the village. The trouble started thereafter. By virtue of her being anganwadi Sevika, she was required to talk with some people concerned with the school. The appellants and other members of the family used to suspect her chastity. They did not like her mixing with the people and talking with them. They started giving ill-treatment to her. She use to narrate to her parents that the appellants that the appellants use to harass her and were beating her. As and when she use to go to her parental house, she use to complain about harassment and ill-treatment meted out at hands of the appellants and the other members of their family. About one month before the incident of suicide, both the appellants had reached Mangala at house of her elder sister - PW-4 Smt. Nandabai in an rickshaw vehicle. They had tied her hands and legs while reaching her to the house of PW smt. Nandabai. They told PW Nandabai that they did not want Mangala to reside with them because she was not behaving as per their say. However, she had gone to reside with her husband and his relatives because she wanted to attend her duty at the school. About 15 days before her death, she was accommodated in a separate room in the matrimonial home. Thereafter, a day before festival of 'nagpanchami', she had been to house of her parents as she wanted to receive monthly salary from the office of Zilla Parishad, at aurangabad. At that time, she narrated to her mother that she was being harassed, troubled and beaten up by the members of the matrimonial home. She also told her mother that she was fed up with the life. Her mother advised her not to go back to the matrimonial home. She told the mother that if she will not return, then she will not be able to attend the school and her services also will come to an end. She left house of her mother on next ay of the Nagpanchami festival. After few days, her mother was informed by another younger brother-in-law of deceased Mangala, in the evening of 15th August, 1994 that she was admitted in the Government Medical College hospital at Aurangabad. The parents rushed to the hospital. They were dismayed to see that Mangala was no more. On the next day, her mother lodged FIR (Exh-14 ). On the basis of material gathered during course of investigation, the appellants, husband and father-in-law of deceased Mangala were together charge-sheeted for the offences punishable under section 498-A read with section 34 of the Ip. Code and 306 read with section 34 of the Ip. Code.