- (1.) HEARD learned counsel for the appellant, as also the learned Additional Public Prosecutor for the respondent/state. With the assistance of the learned counsel for the parties, perused the evidence, judgment of the trial court and relevant material from the record.
(2.) THE appellant, who is convicted and sentenced for offences under Sections 498-A and 306 of Indian Penal Code, in Sessions Case No. 59 of 2002, by the learned Ad-hoc Additional Sessions Judge, Hingoli, on30-8-2003, has preferred this appeal against the said order of conviction and sentence. The appellant, being husband of victim Sangita, who died on the night of 17-1-2002, a suicidal death, by consuming poison, was tried along with his father Ramcharansingh (original accused no.2), his uncle Mahaveersingh (original accused no.3), son (sic) Geetabai wife of uncle Mahaveersingh (original accused no.4) and Meerabai, his mother (original accused no.5), for having committed offence under Sections 498-A and 306 of Indian Penal Code, on the allegations that the victim was subjected to cruelty on account of non-fulfillment of demand of amount and that abetted the commission of suicide by victim Sangita. The prosecution against the appellant was initiated on the basis of complaint Exh. 35 lodged by Shamsingh (PW2), the brother of victim Sangita, at police station Kalamnuri on18-1-2002, on receiving information that Sangita died on consuming poison. On that complaint, wherein allegations were made that there was unlawful demand of amount of Rs. 50,000/- by the appellant for the purpose of sinking well in the land and that she was subjected to ill-treatment and cruelty for having not fulfilled the demand and that she was done to death. The investigation was carried out by Police Inspector Nirmal Patil attached to concerned police station (PW8 ). Autopsy on the dead body was carried by Dr. Laxman Waghmare (PW1) who submitted postmortem report Exh. 30 giving therein opinion as to cause of death stating that she died due to cardio respiratory arrest due to poisoning and after having received report of Chemical Analyser Exh. 33, the said doctor gave final opinion that the victim died due to cardio respiratory arrest due to Endosulphan poisoning vide certificate Exh. 31 issued by him. After the investigation was over, the charge-sheet was filed and the learned Magistrate committed the case to the court of Sessions for trial.
(3.) BEFORE the Additional Sessions Judge, the appellant pleaded not guilty to the charge and claimed to be tried. The prosecution examined in all 18 witnesses, including Medical Officer Dr. Laxman Waghmare (PW1), complainant brother of victim, Shamsingh (PW2), Raghunathsingh (PW6) the maternal uncle of deceased, Rajusingh (PW7) other brother of victim and the Police Inspector Nirmal Patil (PW8 ). The learned trial Judge discarded the theory of defence that the victim died due to poisoning accidentally as poisonous insecticide which stuck to her hands while she was spraying the said insecticide on the standing crop in the field, but consumed when she took dinner without washing her hands. The trial court accepted the evidence of two brothers and maternal uncle of deceased Sangita on her factum of unlawful demand of amount of Rs. 50,000/- by appellant for sinking well in the land and subjecting her to cruelty as the said demand was not fulfilled and that on account of that harassment and ill-treatment she was driven to commit suicide. That is how, in keeping with these findings, based on the reasons given elaborately in the judgment, the trial court found the appellant guilty for offence under Sections 498-A and 306 of Indian Penal Code and the appellant was convicted and sentenced to undergo rigorous imprisonment for two years and to pay a fine of Rs. 500/-, in default of payment of fine to undergo further rigorous imprisonment for three months on first count and to undergo rigorous imprisonment for seven years and to pay fine of Rs. 1,000/-, in default of payment of fine to undergo further rigorous imprisonment for six months on second count, while all other accused persons came to be acquitted.;