ASHOK PANDURANG PATIL Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) THE appellant, original accused No. 4, was charged along with 3 others in Sessions Case No. 243 of 1989 in the Court of Additional Sessions Judge, Pune, for offences punishable under section 306 read with section 34, 498-A, 109 and 114 of the Indian Penal Code. By judgment and order dated 28th March 1991, the learned Additional Sessions Judge, Pune, acquitted accused Nos. 1 to 3 of all the charges levelled against them. He, however, convicted the present appellant-original Accused No. 4 under section 306 and section 498a of the Indian Penal Code. For offence punishable under section 306 of the I. P. C. he was sentenced to suffer Rigorous Imprisonment for 5 years and to pay fine of Rs. 300/ -. In default of payment of fine, he was to suffer further R. I. for 2 months. For offence punishable under section 498-A of the Indian Penal Code, He was sentenced to suffer R. I. for a period of two years and to pay a fine of Rs. 200/ -. In default of payment of fine, he was sentenced to suffer further R. I. for 1 month. THE substantive sentences were ordered to run concurrently.

(2.) AT the trial, the case of the prosecution was an under : Deceased Asha was married to the appellant (hereinafter referred to as "accused No. 4") on 25-5-1986. Accused Nos. 1 and 2 are parents of accused No. 4 while accused No. 3 is sister of accused No. 4. Accused Nos. 1, 2 and 4 reside together at 491, Ravivar Peth, Pune. Accused No. 3 resides at Nasik since her marriage. After the marriage for about1 1/2 years, deceased Asha lived happily in the matrimonial home. However, thereafter, accused started ill-treating and harassing her. She was not even provided sufficient food which resulted in deterioration of her health. She was made to do all the household work and was subjected to beating. On account of the demise of her father prior to her marriage the responsibility of the family was shouldered by her uncle Tukaram Pandurang Deokar, known as Aba and by her cousin Anantkuamr. It is the case of the prosecution that the deceased wrote letter to her uncle Aba and cousin Anantkumar about the ill-treatment meted out to her by the accused. As her complaints about her ill health were not attended to by the family, she was taken to Madras by Aba for treatment. She returned from Madras and went to the matrimonial home, but she was subjected to physical and mental harassment and ill-treatment and ultimately on 16-1-1989 she poured kerosene on herself and set herself on fire. The deceased was removed to Sasoon Hospital where she succumbed to injuries. Relatives of the deceased rushed to Pune and complaint (Ex. 24) was lodged by cousin of the deceased one Anantkumar Deokar. On the basis of the F. I. R. investigation was started. After completion of the investigation accused came to be charged as aforesaid.

(3.) BEFORE I deal with the rival contentions, it would be necessary to mention at this stage that being aggrieved by the order of acquittal of accused Nos. 1 to 3 the Complainant preferred revision application before this Court being Criminal Revision Application No. 198 of 1991 and this Court by judgment and order dated 13-2-1994 dismissed the said revision application. The State of Maharashtra has not preferred any appeal against the said acquittal. While acquitting Accused Nos. 1 to 3, the learned Additional Sessions Judge Pune, has come to the conclusion that from the evidence on record it can only be gathered that there were some domestic quarrels, particularly between the deceased and accused Nos. 1 to 3, which were of negligible character. In day to day life possibility of such disputes cannot be ruled out. However, such quarrels do not amount to cruelty. No inference can be drawn that accused Nos. 1 to 3 subjected the deceased to cruelty which led her to commit suicide. He further held that prosecution could not establish the guilt of accused Nos. 1 to 3 beyond reasonable doubt. The learned Judge however, proceeded to hold accused No. 4 responsible for the deceased's miseries and held that she was mentally tortured by him.