BHANUDAS LAXMAN NEPTE Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) The appellants herein have challenged their conviction under Sections 498A and 306 read with Section 34 of the Indian Penal Code (for short, 'IPC') for which they have been sentenced to undergo rigorous imprisonment for a period of one year and five years respectively and to pay fine amounts of Rs. 1, 000/ and 3, 000/ respectively. By the impugned judgment and order, the trial Court has found that the prosecution was able to prove the charges levelled against the appellants beyond reasonable doubt for having committed the aforesaid offences.

(2.) In the present case, the prosecution was initiated against the appellants as they were charged with being responsible for the death of said Kantabai, who had hanged herself on a tree in a field which was about three kilometers from the house where the appellants were residing along with the deceased. The incident had occurred on 11-12-2003, in the evening at about 7.50 pm. The report in respect of the incident was lodged on the next day i.e. on 12-12-2003 at about 10.50 p.m, which was more than 24 hours after the dead body of Kantabai was noticed hanging on the tree. The report was lodged by Kantabai's father, complainant (PW1) and it was a typed written report. A perusal of the report shows that it was drafted in the form of an application to the concerned Police Station.

(3.) On the basis of the said typed written report which bears the thumb impression of complainant (PW1), First Information Report (FIR) was registered against the appellants for having committed the aforesaid offences. The crux of the complaint was that the appellants had harassed the deceased Kantabai and that she was driven to commit suicide. It was mentioned in the said report that a demand of Rs. 50, 000/ was made by appellant no.1 (husband of deceased) for expenses towards the construction of new house that had been undertaken by appellant no.1 and that the deceased had been harassed by the appellants in connection with the said demand. There were allegations made about the deceased having been harassed by the appellants even prior to the said demand.