SANTOSH S/O LODJI ADHAU Vs. THE STATE OF MAHARASHTRA
HIGH COURT OF BOMBAY (AT: NAGPUR)
Santosh S/O Lodji Adhau
THE STATE OF MAHARASHTRA
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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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