STATE OF MAHARASHTRA Vs. VIJAY MARUTI BOMBALE

JUDGEMENT

(1.) This appeal is filed impugning an order and judgment dated 29-5-2003 passed by the learned Vth Adhoc Additional Sessions Judge, Pune, acquitting 6 accused of offences punishable under Sections 498A, 306, 201 read with Section 34 of the Indian Penal Code. Initially the prosecution had charged the accused with offences punishable under Sections 498A (husaband or relative of husband of a woman subjecting her to cruelty), 302 (punishment for murder), 201 (causing disappearance of evidence of offence, or giving false information to screen offender) read with Section 34 (Acts done by several persons in furtherance of common intention) of IPC. Prosecution later filed an application to reduce the charge from Section 302 to Section 306, since the postmortem report indicated that the death is by committing suicide and not murder.

(2.) The case of prosecution in brief is that complainant Prabhakar Padval (P.W.-1) had 6 daughters and 1 son. The 4th daughter was Jayshree, who was married to accused no.1 on 27-5-2001. Accused nos.4 and 5 were the biological parents of accused no.1. Accused no.1 was given on adoption to accused no.2 about 6 months before the marriage. Accused no.3 is the son of accused nos.4 and 5 and accused no.6 is a relative, who was living in Pune.

(3.) After marriage, Jayshree went to live in her matrimonial home. Some days after marriage, it seems, Jayshree visited her parental home for 2 or 3 days and then again went back to her matrimonial home. During the brief stay in the parental home, Jayshree is stated to have informed that she was being harassed at her matrimonial home and that the accused were beating her, not giving her enough food and also accused no.1 was demanding money for buying a Hero Honda Motor Cycle. After 15 days, Jayshree went again to her parental home, at which time, she stayed for 4 or 5 days and during that stay also Jayshree mentioned about the ill treatment and the demand for money to buy the Motor Cycle.