SHIVAJI Vs. THE STATE OF MAHARASHTRA

JUDGEMENT

(1.) The appellant - original accused has assailed the judgment and order dtd. 23/1/2002 passed by the II Additional Sessions Judge, Beed, in Sessions Case No. 5 of 1997, thereby convicting him for the offence punishable under sec. 498A of the Indian Penal Code (for short "the IPC") and sentencing him to suffer rigorous imprisonment for 21/2 years and to pay fine of Rs.3000.00, in default of payment of fine to suffer simple imprisonment for one year. He was given benefit of set off under sec. 428 of the Code of Criminal Procedure, 1973 for the period from 13/7/1996 to 20/9/1996, while he was in jail.

(2.) The facts of the prosecution case are that deceased - Shobha who was daughter of informant/ complainant - Haribai Ugaley (PW4), was married to accused, 5 to 6 years prior to her death. On 10/7/1996, the deceased died due to poisoning. On the next day i.e. on 11/7/1996 the complainant - mother of the deceased went to Police Station, Beed (Rural) and her statement was recorded by police alleging that after marriage for a period of six months the accused treated the deceased properly and thereafter he started assaulting, abusing and harassing her. The deceased used to disclose the same to the complainant when she used to come to her parental house. The complainant, her son and other relatives had convinced and requested the accused to treat the deceased properly and not to assault her. But, there was no change in his behaviour and there was increase in his addiction of consuming liquor and Ganja. Due to said addiction, the accused was often assaulting, abusing and harassing the deceased. On 11/7/1996 in the morning Vithal Agam - another son-in-law of the complainant informed the complainant that the deceased was taken to the Government Hospital at Beed. Thereupon, when the complainant went to the Government Hospital, Beed, found that her daughter Shobha was dead and that she was administered poison, on 10/7/1996 in the evening at about 07.00 pm by the accused. On treating the said statement of the complainant as FIR (Exh.18), Police registered Crime No.95 of 1996 under Sec. 302 and 498A of the IPC against the accused and the investigation was commenced.

(3.) During the investigation the inquest panchanama was prepared. The postmortem examination was conducted and the Doctor issued postmortem report. The accused was arrested and subsequently, he was released on bail. Statements of brother, sister and other relatives of the deceased were recorded. After completion of the investigation, the charge-sheet was submitted in the Court of JMFC, Beed, who then committed the case to the Sessions Court, Beed for trial.