BABAN Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) THE appellants came to be prosecuted for having committed offences under Section 498 -A read with Section 34 of I.P.C. Section 304 -B read with Section 34 of I.P.C. in the alternative for having committed offence under Section 306 read with 34 of I.P.C. before the Additional Sessions Judge, Bhandara vide Sessions trial No. 143/91 who convicted and sentenced them for having committed offence under Section 498 -A of I.P.C. and ordered to suffer R.I. for two years and fine of Rs. 500/ -, in default simple imprisonment for 5 months; S.I. for six months and fine of Rs. 500/ -, in default S.I. for five months and S.I. for a day and fine of Rs. 1,000/ -, in default simple imprisonment for six months respectively. It is this conviction and sentence which has been challenged by them before this Court in this appeal.

(2.) IT is the prosecution's case that deceased Usha was married to the appellant Baban, he was required to stay at his in -law's place alongwith his wife Usha for a period of 5 -6 months. Thereafter, Baban and Usha went to reside at Takala i.e. at the in -law's place of deceased Usha. It so happened that on 2.4.1991 one of the brothers of deceased Usha by name Dhanpal alongwith his friends Munna Funde and Vinod who were residents of Tumsar had gone to village Takala on motor cycle to meet his sister Usha. The prosecution witness Munna Funde and Vinod Chourasiya happened to meet Usha on the way while she was returning from the field and supposed to have told Munna that accused No. 1 her husband Baban; accused No. 2 father -in -law and accused No. 3 mother -in -law were asking her to bring new sewing machine, new bedding and Rs. 20,000/ - for releasing ring of accused No. 1, which was pledged. She also informed that she was being teased for not doing agricultural work properly. On their return Munna Funde narrated the incident of meeting Usha and her grievance to Radhikabai mother of deceased - P. W. 4 that she was being ill -treated at her in -law's place by the accused persons who want her to bring new sewing machine, new bedding and also sum of Rs. 20,000/ -. On receiving this information Radhikabai P.W. 4 visited her daughter at Takala accompanied by Gopikabai P.W. 5 [sister -in -law of Radhikabai and aunt of Usha] at the place of in -laws and there Radhikabai and Gopikabai are supposed to have had talks with the accused persons and assured the accused No. 1 that it was not possible for her to fulfil his demand; but she will see to it in near future and returned to Tumsar. Thereafter on Sunday they came to know that Usha has committed suicide so they went to Takala and found the dead body of Usha kept under a Babul tree, which was subsequently sent to hospital for post -mortem examination, and thereafter cremated.

(3.) INITIALLY , the police registered a case of accidental death due to drowning for enquiry under Section 174 of Cr.P.C; subsequently on 8.4.1991 when a report came to be lodged by Dayaram Kisan Burade, the brother of deceased Usha; the police registered offences under Sections 304 -B and 498 -A of I.P.C. against the accused persons. After the investigation was over the charge sheet came to be filed and the case came to be committed to the Court of Sessions, Bhandara.