- (1.)THIS is an appeal against the order passed by the Additional Sessions judge, Washim acquitting the respondents-accused of the offences punishable u/ss. 306, 498-Ar/w. Section 34 of the Indian Penal Code.
(2.)AS per the prosecution case, the respondents-accused stood the trial for the offences u/ss. 306,498-A r/w. 34 of the Indian penal Code for having abetted commission of suicide by victim Padma w/o. Arvind Gawande on 25th September, 1989. Admittedly, Padma was married to Arvind in the year 1988. Respondent no. 1 Tatyarao was brother of arvind, while respondent no. 2 Satyabhama was padma's mother-in-law and respondent no. 3 mandabai was widowed sister-in-law of Padma. It is the case of prosecution that Padma was subjected to cruelty by the respondents-accused on the ground of non-fulfillment of unlawful demands. It was alleged that the respondents were asking Padma to bring amount from her maternal place and as their demand was not fulfilled by complainant Sonaji - father of victim padma, she was subjected to cruelty and ultimately, she was driven to commit suicide. She committed suicide by consuming poison. She was admitted in the Primary Health Centre, manora where her dying declaration was recorded by Suresh s/o. Pandurang Janjal (P. W. 6) - Naib-Tahsildar in presence of Dr. Rathod. After her death, the Medical Officer informed Police Station, Manora and accordingly, accidental death was registered vide Exh. 36. Then the papers were transferred to Police Station, Asegaon and there, accidental death was registered vide Exh. 38. Then, on the basis of the dying declaration, P. S. I. Man war lodged First Information Report (Exh. 39) and the offence was registered vide Crime No. 65 of 1989. The dead body was sent for post mortem conducted by the Medical Officer who prepared post mortem notes (Exh. 43 ). During the course of investigation, the clothes of deceased were seized when spot panchanama was prepared and a tin containing Endosulphan was seized from the spot. The letters written by Late Padma vide exhs. 15,18 and 19 came to be seized by police. After completing investigation, charge-sheet was filed against the accused persons in the court of the Judicial Magistrate, First Class, washim, who, in turn, committed the Case to the Court of Sessions, Washim.
(3.)BEFORE the Sessions Court, the respondents were charged vide Exh. 9 for the offences u/ss. 306,498-A r/w. Section 34 of the indian Penal Code. They pleaded not guilty to the charge and claimed to be tried. Then the prosecution examined witnesses including sonaji (P. W. 1) - father of victim, Leelabai (P. W. 2) - mother of victim, Naib-Tahsildar janjal (P. W. 6) who recorded dying declaration (Exh. 27), Dr. Rathod (P. W. 10), who conducted autopsy on the dead body and prepared post mortem report. The trial Court, on appreciation of the evidence, found that victim Padma died suicidal death due to consuming poison. However, prosecution failed to prove that the respondents subjected the victim to cruelty. The trial Court found that prosecution failed to prove that respondents have abetted commission of suicide by the victim. In keeping with these findings, the trial Court acquitted the respondents. Hence, this appeal.