SANDIP KISAN KUMBHAR Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Appellants are convicted for offence punishable under section 306 r.w. 34 of Indian Penal Code and sentenced to suffer rigorous imprisonment for 7 years and fine of Rs. 2,000/- i.d. to rigorous imprisonment for 4 months. They are also convicted under section 498(A), r.w. 34 of Indian Penal Code and sentenced to suffer rigorous imprisonment for 3 years and fine of Rs. 1,000/- i.d. to suffer rigorous imprisonment for 3 months in Sessions Case No. 24/2007 by Ad-hoc Additional Sessions Judge, Sangli in Sessions Case No. 24/2007 vide Judgment and Order dated 07/09/2007. Such of the facts which are necessary for the decision of this appeal are as follows. The accused Sandeep was married to Shubhangi on 11/05/2006. After her marriage, she was residing in the joint family. Appellants were coercing Shubhangi to fetch an amount of Rs. 70,000/- from her parents to purchase an auto-rickshaw. She was insulted and humiliated on account of not being efficient in performing her domestic chores. Shubhangi has disclosed to her father about the ill-treatment to which she was subjected at the hands of present appellants. On 07/09/2006 Shubhangi had disclosed to her father that she was being ill-treated and apprehending danger to her life and therefore she requested her father to fetch her. On 08/09/2006 at 12.00 noon, appellant No. 2 informed the father of Shubhangi that she had sustained burn injuries while cooking and was admitted in the hospital. Her parents and relatives went to Civil Hospital, Sangli. Upon inquiry, they learnt that Shubhangi had died. A. D. No. 53/2006 was registered. Post postmortem report revealed that Shubhangi had sustained 100% burns. On 09/09/2006 Father of Shubhangi lodged a report at Vita Police Station alleging therein that Shubhangi was being ill-treated and was coerced to fetch money from her parents and she has died in her matrimonial home in suspicious circumstances. Crime No. 75/2006 was registered against the accused for offences punishable under section 498(A), 304B r.w. 34 of Indian Penal Code.

(2.) It is the case of the prosecution that in the course of investigation, it had transpired that Shubhangi had immolated herself and had committed suicide as she could not bear the ill-treatment at the hands of the appellants. The case was committed to the Court of Sessions and registered as Sessions Case No. 24/2007. Prosecution examined 4 witnesses to bring home the guilt to the accused.

(3.) P.W. 1 complainant, the father of deceased Shubhangi. He has deposed before the Court that after 15 days of the marriage he had gone to the matrimonial house of the Shubhangi to fetch her. While she was proceeding towards her matrimonial house, she has disclosed to her father that she was being subjected to ill-treatment for fetching Rs. 70,000/- to purchase auto-rickshaw.