RUKHMAJI S/O. DEVRAO GALANDE Vs. THE STATE OF MAHARASHTRA
LAWS(BOM)-2017-3-200
HIGH COURT OF BOMBAY (AT: AURANGABAD)
Decided on March 29,2017

Rukhmaji S/O. Devrao Galande Appellant
VERSUS
THE STATE OF MAHARASHTRA Respondents

JUDGEMENT

V.L.ACHLIYA,J. - (1.) This appeal is directed against the judgment and order dated 16/2/2007 passed in Special Case No.53/2006 by I-Adhoc Additional Sessions Judge, Nanded. By the impugned judgment, the appellants are held guilty of offence under Sections 498-A and 306 r.w. Section 34 of I.P.C. The accused-appellant no.1 is held guilty of offence punishable u/s 306 r/w 34 of IPC and sentenced to suffer R.I. for five years and to pay fine of Rs.2500/- and in default to undergo R.I. for one year. He is also held guilty of offence u/s 498-A of IPC and sentenced to suffer R.I. for one year and fine of Rs.500/- in default to undergo further R.I. for one month. The accused no.2,3 and 4 are also held guilty of offence u/s 306 r/w Section 34 of IPC sentenced to suffer R.I. for one year each and fine of Rs.1000/- each and in default to undergo R.I. for two months. They are also held guilty of offence u/s 498-A r/w Section 34 of IPC and sentenced to suffer R.I. for six months and fine of Rs.250/- each and in default to undergo R.I. for fifteen days.
(2.) In brief the facts leading to filing of appeal are summarized as under : On 22/4/2003 the complainant-Shivaji Ghorpade (PW3) the maternal uncle of deceased Suvarnamala visited police station, Ardhapur and lodged complaint alleging therein that the marriage of his niece Suvarnamala was solemnized with accused on 18/5/2000. After marriage Suvarnamala went to cohabit with accused no.1. Soon after the marriage the accused started mental harassment to his niece. They told Suvarnamala that they will not allow her to cohabit with accused no.1 unless she secure job for herself and also asking to secure job for accused no.1. The accused was not eating food cooked by Suvarnamala. So also he was not wearing clothes washed by her. Since 6 to 7 months prior to lodging of complaint the accused were demanding Rs. One lakh for purchasing tempo. Due to continuous ill treatment and harassment at the hands of accused Suvarnamala committed suicide on 21/4/2003.
(3.) On the basis of the complaint lodged by Shivaji Ghorpade P.W.3, the maternal uncle of deceased the offence under Section 498-A, 306 r.w. 34 of IPC came to be registered against appellants-accused vide C.R.No.64/2003. A.S.I. Ramrao Gadekar P.W.9 conducted the investigation. From the spot of incident, he seized one container containing "Endosulfan". The dead body of the deceased was referred for post mortem. During the course of investigation, statements of Chandrakala P.W.2 maternal aunt of the deceased, Gangadhar P.W.4 maternal uncle of deceased, Prayag Teli P.W.5 maternal aunt of the deceased, Ramchandra P.W.6 maternal uncle of the deceased, Dnyanoba Teli P.W.7 maternal uncle of the deceased came to be recorded.;


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