Smt. Sadhana S. Jadhav, J. - (1.)Heard.
(2.)The appellant herein is original accused No.1 in Sessions Case No.174 of 1994. The learned Addl. Sessions Judge, Solapur vide judgment and order dated 9.11994 has convicted the accused for the offence punishable under Sections 498A and 306 of Indian Penal Code and sentenced to undergo R.I. for one year and five years respectively. Hence, this appeal.
(3.)Such of the facts necessary for the decision of this appeal are as under :-
On 24.5.1994, Bhibhishan Ramling Mukhe, resident of Nimgaon, lodged a report at Kurduwadi Police Station, alleging therein that his sister Kusum was married to the present appellant five years prior to 24.5.1994. That at the time of marriage, Rs.15,000.00 was paid to the appellant as dowry. Half tola of golden ring was given and the complainant's parents had also given other domestic utensils. That one year after the marriage, his sister was being ill-treated on the ground that the utensils given at the time of marriage were of low quality. There was demand of money for laying down the pipeline. She was harassed and ill-treated. She was abused, assaulted and similarly she was also being ill-treated on the ground that she had a squint in her eye. She was being taunted as blind. That three years prior to 24.5.1994, his sister Kusum had jumped into the well as she could not take the ill-treatment any more. She was able to swim and, therefore, she did not get drowned. She reported to her maternal house. Her parents had informed about it to the relatives. The complainant had then taken his sister Kusum to her matrimonial house and had requested them to take care of his sister. That for a period of three years, she had not conceived pregnancy and therefore she was being taunted on the said ground as being a barren woman. She was made to starve. She was assaulted on trifling ground. Two years thereafter, she became intolerant with all the cruelty meted out to her and had therefore consumed poison. She was admitted in the hospital of Dr. Wagle. At that time, she had informed the police that pesticides was being sprayed on the agricultural crops and she has inhaled it. Thereafter, Sandipan brought her home. She resided in her maternal house for a period of 5 6 months. The appellant had sent three notices to her. She had not accepted the said notices. Thereafter, there was mediation and she was sent to her matrimonial house on the assurance that she would be treated well. His second sister Rekha was to get married. At that time, the appellant was gifted with 5 gram of a golden ring. On 12.5.1994, the elder brother of the complainant was to get married and, therefore, the members of the family of the appellant were invited. They were honoured by giving gifts. The appellant had insisted that they should gift him a golden ring. On denial, he insisted upon Kusum to return to the matrimonial house along with him forthwith. She refused to accompany him. He had threatened her of dire consequences. 8 days after the marriage, the complainant had brought Kusum to her matrimonial house. Two days prior to 23.5.1994, she had been to the hospital of Dr. Shah for treatment. The paternal uncle of the complainant i.e. Nivrutti had met her at Madha. She had informed him that she had colic pain. In spite of it the members of the matrimonial family were asking her to do hard work. She had also informed that she was made to lift stones. She insisted upon Nivrutti to take her to the maternal house. The appellant had refused to send her to her maternal house. On 23.5.1994, Ashok Patil had informed the complainant that his sister Kusum has died in the hospital. The reason of death was not disclosed to the complainant. All the relatives had been to the hospital. After performing the postmortem, funeral was performed opinion her and thereafter he had lodged the report at the police station. On the basis of his report, Crime No. 25 of 1994 was registered against the accused for the offences punishable under Sections 498A, 304B read with Sec. 34 of IPC. The appellant was arrested on 23.5.1994. After completion of investigation, charge-sheet was filed. The case was committed to the Court of Sessions and registered as Sessions Case No.174 of 1994. The prosecution has examined as many as eight witnesses to bring home the guilt of the accused.