PANDURANG SHAMRAO PAWAR Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) The deceased Shakuntala was married to the Appellant- accused on 07/05/1985 and, out of the said wedlock, two children were born, who were major on the date when the unfortunate incident took place. The body of Shakuntala was found in a well situated in the field of one Keshav Patil, a resident of Nerli. On the body being found, a case of accidental death was registered vide AD No.14 of 1996 on 13/05/1996 itself. On 14/05/1996, a complaint was lodged by Popat Maruti Renuse (PW-2), father of Shakuntala alleging that Shakuntala was facing ill-treatment at the hands of her husband, the Appellant and, for the last 5-6 months, he was not coming home, since he was keeping an illicit relationship with a woman in the village and this conduct of the Appellant constrained the deceased to commit suicide by throwing herself in the well of Gorav Keshav Patil. The father, therefore, alleged that the suicide of her daughter was abetted by the Appellant.

(2.) On the said complaint being lodged, an offence came to be registered under Ss. 306 and 498A of the IPC. On completion of investigation by the investigating officer (PW-8), charge-sheet was instituted and the Appellant was charged for subjecting his wife Shakuntala for cruelty and to drive her to commit suicide. He was also charged with abetment to commit suicide, an offence punishable under Ss. 306 of the IPC. Since the Appellant denied the charge and preferred to be tried, the trial was conducted by the Additional Sessions Judge, Sangli.

(3.) To establish the charge against the Appellant-accused and before transforming him into a convict, the prosecution led evidence before the Sessions Court in the form of documentary evidence and oral evidence through eight witnesses, which included close relations of the deceased, being her father (PW-2), cousin brother (PW-3), mother (PW-4), daughter (PW-5) and wife of the cousin brother (PW-6). Apart from the said witnesses, a panch witness was examined as PW-1 and the members of the investigating team came to be examined as PW-7 and PW-8.