SANJU S/O ATMARAM PATIL Vs. STATE OF MAHARASHTRA, THROUGH POLICE STATION OFFICER, CITY POLICE STATION, CHANDRAPUR
LAWS(BOM)-2017-9-283
HIGH COURT OF BOMBAY
Decided on September 14,2017

Sanju S/O Atmaram Patil Appellant
VERSUS
State Of Maharashtra, Through Police Station Officer, City Police Station, Chandrapur Respondents

JUDGEMENT

Rohit B. Deo, J. - (1.) Challenge is to the judgment and order dated 26.04.2002 in Sessions Case 97/1994 by the Additional Sessions Judge, Chandrapur, by and under which, appellant is convicted for the offence punishable under section 498A of I.P.C. and is sentenced to suffer rigorous imprisonment for one year and to pay fine of Rs.500/ and is further convicted for the offence punishable under section 306 of I.P.C. and is sentenced to suffer rigorous imprisonment for two years and to pay fine of Rs.1000/. The appellant is acquitted of offence punishable under section 304B of I.P.C.
(2.) The case of the prosecution, as is unfolded during the trial, is that the marriage of accused and the deceased Roopa was solemnized sometime in 1991. Roopa committed suicide on 04.04.1994. The appellant along with accused 2 and 3 (father and mother of the accused) subjected the deceased Roopa to cruelty within the meaning of explanation (a) and (b) of section 498A of I.P.C. and thus committed offence punishable under section 304B, 306 and 498A read with section 34 of I.P.C. The father of the accused died during the pendency of the trial and the mother is acquitted of all charges.
(3.) The prosecution case is that the accused subjected the deceased Roopa to illtreatment with a view to coerce Roopa to fulfill unlawful demand of cot and Scooter and the cruel treatment which was meted out was sufficient to drive deceased Roopa to commit suicide. The prosecution examined four witnesses to bring home the charge. P.W.1 Chandrashekhar Shridhar Moon is the brother of the deceased and the informant, P.W.2 Tulsabai Shridhar Moon is the mother of the deceased, P.W.3 Meenabai Chandrabhan Khadse is the sister of the deceased and P.W.4 Pramila Krishnaji Sakdeo is family friend of the deceased. The spot panchnama is exhibited on admission (Exh.39).;


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