BABASAHEB SHANKAR SHEDAGE Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) THE appellants who are son and mother inter se have preferred this appeal impugning the Judgment and Order dated 16th July 1992 delivered by the IInd Additional Sessions Judge, Sangli convicting them under Section 498-A read with Section 34 of IPC and sentencing them to RI for six months and to pay a fine of Rs. 500/- in default to suffer SI for one month in Sessions Case No. 134 of 1991.

(2.) THE facts leading to the conviction of the appellants are as follows: On 1st of May 1991 Sangeeta, wife of appellant No. 1 died due to drowning in the well near her matrimonial house in village Shedagewadi. THEir marriage had taken place on 12th March 1990. At the time of marriage PW 1 Namdeo Patil, the father of the deceased, had given Mangalsutra, one golden chain weighing 1 1/4 tolas and sum of Rs. 1000/- to his son-in-law, the appellant no. 1. Initially, for about5/6 months the relation were cordial. THEreafter the appellants started making demand from the deceased to bring sum of Rs. 10,000/- and 5 tolas of gold from her father. As the said demand was not met, the deceased was being beaten and harassed by the appellants. She had complained about it to her father and other relations. Her father PW. 1, her grandparent PW3 and Sarpanch of the village Ramchandra Patil had gone to the house of the appellants and requested them not to trouble Sangeeta or ill-treat her, assuring to meet their aforesaid demand. This was about two months after the festival of Gouri. After their visit to the place of the appellants, Sangeeta was taken to her parental house for the purpose of delivery. When PW 1 father of the deceased Sangeeta had gone to the house of the appellants to bring his daughter to his house for the purpose of delivery, the appellants had told him to meet their demand in respect of ten thousand rupees and five tolas of gold otherwise Sangeeta will not be allowed to enter in the appellants house. One month thereafter appellant no. 2 i. e. the mother-in-law of deceased Sangeeta went to the house of father of Sangeeta to take Sangeeta back on the ground that Sangeeta's signature was required on some papers in connection with loan which was applied for by the appellant no. 1 i. e. the husband of Sangeeta. Three days thereafter father of Sangeeta received message about the death of Sangeeta. Appellant No. 1 had lodged report with the police that Sangeeta fell down in the well when she had gone to fetch the water. PW 1, therefore, accompanied by his relations, went to the house of appellants, F. I. R. (Exhibit 8) was lodged next day about the harassment and ill-treatment made to the deceased Sangeeta by the appellants. Crime was registered. THE inquest panchanama (Exhibit 11) was drawn. Spot panchanama is at Exhibit 12. Autopsy was conducted on the dead body by Dr. R. R. Bhoi. THE post-mortem report is at Exhibit 14. THE cause of death was given as asphyxia, due to drowning. THE witnesses were interrogated, statements were recorded. THE relations of the deceased had alleged that Sangeeta had committed suicide because of the harassment and ill-treatment made to her by the appellants for not meeting their demand for a sum of Rs. 10,000/- and 5 tolas of gold. After the investigation was complete, chargesheet came to be filed in the Court of Judicial Magistrate, F. C. , Shirala on 24-6-1991 and the case was committed to the Court of Sessions, Sangli by the order dated 9-7-1991.

(3.) AFTER considering the entire evidence on record the learned IInd Additional Sessions Judge, Sangli, who held the trial of the appellants, acquitted the appellants of the offences punishable under Section 304-B and Section 306 read with Section 34 of IPC by his Judgment and Order dated 16th July 1992. The learned Judge, however, had recorded the order of conviction against both the appellants under Section 498-A read with Section 34 of IPC and sentenced them as stated above. It is this order of conviction and sentence which is under challenge in this appeal.