RAMU SHANKAR WAGH Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) The applicant has been convicted by the learned Ad hoc Assistant Sessions Judge, Nagpur, for the offences punishable under Sections 306 and 498A of the Indian Penal Code. In all there were three accused including the applicant. The applicant was accused No.1 in the Sessions Trial No.409/2002. Accused Nos. 2 and 3 were brothers of the applicant. All the accused were chargesheeted for the offences punishable under Sections 306, 498A and 304B read with Section 34 of the Indian Penal Code. Accused Nos. 2 and 3 have been acquitted of all the charges framed against them. Accused No.1/applicant has been acquitted of the offence punishable under Section 304B of the Indian Penal Code and is convicted of the offences punishable under Sections 306 and 498A of the Indian Penal Code.

(2.) The prosecution case, in brief, is that deceased Swati was married to the applicant on 2652001. The applicant and his brothers were staying at Village Chande Mangali in TahsilMouda, DistrictNagpur. The applicant was in a private service at Mouda. He, therefore, along with the deceased was staying separately from his other family members in a rented room at Mouda. It is alleged that the applicant and other accused had been demanding Rs.2,000/ to Rs.3,000/ from the deceased and asking her to bring the amount from her parents for getting a LPG connection. This demand was continuously being made. Due to continuous harassment on the part of the applicant and other accused, the deceased had allegedly committed suicide by hanging herself on 26th March, 2002. It is also alleged that the deceased was being asked to work in the agricultural field after finishing her domestic work. The applicant used to harass the deceased as she was unable to work in the agricultural field.

(3.) The complaint in respect of the present offences was lodged by father of the deceased. During the course of investigation, dead body was sent to the Medical Officer for PostMortem Examination. The Medical Officer had opined that the deceased had died due to hanging. A ligature mark was found around neck above the level of thyroid cartilage running obliquely upwards and backwards. The length of ligature mark was 13 cm. and its breadth was 4.5 cm. Statements of the witnesses were recorded. The complainant Mahadeo, his brother Raghunath and mother of the deceased by name Kusum had stated before the police that the deceased was subjected to cruelty and that there was a demand on the part of the applicant of Rs.2,000/ to Rs.3,000/ for getting a LPG connection. It is also stated by these witnesses that P.W.1Mahadeo and P.W.6Kusum had gone to the house of the deceased after the marriage on 7th September, 2001 and that Kusum had stayed with her daughter upto 10th September, 2001. During that period also the deceased had stated to her mother that she was being subjected to cruelty by the applicant and other accused.