- (1.)These appeals are directed against the judgment dated 18th August, 2005 passed by the High Court of Judicature at Bombay, Nagpur Bench, Nagpur in Criminal Appeal No.388 of 2005. By the impugned judgment the High Court held that unless the prosecution proves that death was suicidal and that the deceased was treated with cruelty and was harassed by direct evidence, the presumption under Section 113-A does not apply in the case and acquitted all the accused-respondents from the charges under Section 498-A, Section 304-B and Section 306 IPC all read with Section 34 IPC, thereby reversing the finding of the Trial Court.
(2.)Respondents accused No.1, Shivpujan and accused No.3, Malti Devi are husband and wife. Accused No.2, Rajendra, accused No.5, Surendra and accused No.6, Virendra are their sons. Accused No.4, Anita is the daughter of accused Nos.1 and 3 and is married to one Satyam Mishra who is in Police service. Accused Nos.1 and 5 are also in Police service. Accused Nos. 1 to 3, 5 and 6 reside together in Plot No.96, Adarsha Colony, behind Police Line Takli at Nagpur. Accused No.4 resides in Police Line, Pathrigad Quarter, Sadar at Nagpur. Accused No.2-Rajendra is the youngest son of accused Nos.1 and 3. Deceased Ranjana was the wife of accused No.2- Rajendra.
(3.)Marriage of deceased took place with accused No.2-Rajendra on 19th April, 1998. She was the daughter of Ranchhod Prasad Pande (PW-11) and Chandrakanta (PW-8)-the complainant. The deceased was the younger sister of Ranjit (PW-9). Parents and brothers of the deceased reside at Gandhi Nagar, Surendergarh, Nagpur. The distance between the house of the accused and the parental house of the deceased is about 1 km.