SANTOSH S/O LODJI ADHAU Vs. THE STATE OF MAHARASHTRA
LAWS(BOM)-2018-2-204
HIGH COURT OF BOMBAY (AT: NAGPUR)
Decided on February 27,2018

Santosh S/O Lodji Adhau Appellant
VERSUS
THE STATE OF MAHARASHTRA Respondents

JUDGEMENT

ROHIT B.DEO,J. - (1.) Challenge is to the judgment and order dated 05.11.2004 rendered by the Ad hoc Additional Sessions Judge, Washim in Sessions Trial 48/2002, by and under which, the appellant-accused is convicted for offence punishable under Section 498-A of the Indian Penal Code (" IPC " for short) and is sentenced to suffer rigorous imprisonment for one year and to payment of fine of Rs.500/- and is further convicted for offence punishable under Section 306 of the IPC and is sentenced to suffer rigorous imprisonment for five years and to payment of fine of Rs.1000/-. The accused is acquitted of offence punishable under Section 304-B of the IPC. The father and mother of the accused who also faced trial are acquitted of all the offences.
(2.) Heard Shri A.D. Girdekar, the learned counsel for the appellant and Shri P.S. Tembhare, the learned Additional Public Prosecutor for the respondent-State.
(3.) The genesis of the prosecution lies in oral report dated 08.02.2002 lodged at Asegaon Police Station by Pralhad Dhokane (P.W.1) alleging that his daughter Manda committed suicide by consuming poison due to the physical and mental ill-treatment to which she was subjected by her husband Santosh, her parents-in-law Lodaji and Sau. Laxmibai and Sau. Radhabai Ambekar and Shantaram Ambekar. The gist of the report is that deceased Manda married accused Santosh in April, 1999. She was treated well for four to five months. Thereafter, she was ill-treated since the family members of the accused did not like her and to coerce her to fulfill unlawful demand of money. Manda was narrating the ill-treatment during her visits to the parental house. When Manda conceived, she came to her parental house for delivery. Accused Santosh had scolded and beaten Manda when he visited her parental home. After the delivery, accused Santosh accompanied by Shantaram Ambekar came to the house of the informant to escort Manda to matrimonial home. They assured that Manda would be treated well. In view of the assurance, the informant sent Manda to her matrimonial house. Manda committed suicide on 07.02.2002. The report recites that Manda may have committed by consuming poison in view of the physical and mental ill-treatment.;


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