A. M. Dhavale, J. - (1.) This is an appeal by the State aggrieved by the judgment of acquittal of accused Nos.1 to 5 for offences under Sections 498-A, 304-B alternative 302 read with S.34 of Indian Penal Code delivered by the learned Additional Sessions Judge, Hingoli dated 30.4.2002 in Sessions Case No.62 of 2001.
(2.) The facts relevant for deciding this appeal may be stated as follows: The crime was registered at C.R. No.73/2001 under Sections 302, 304-B, 498-A read with S.34 of Indian Penal Code on the basis of F.I.R. Exh.62 lodged by P.W.4 Ananda Patange, resident of Kondhur, at Police Station Kallamnuri. As per the F.I.R., deceased Indubai was sister of P.W.4 Ananda. Her marriage was solemnised with accused No.1 Ramrao, residing at Nandapur, Taluka Kalamnuri on 13.5.1996. Accused No.2 Rangrao and accused No.3 Santosh are brothers of accused No.1 and accused No.4 Kishan and accused No.5 Vithabai are their parents. They were residing together and were doing agricultural work. Indubai was given good treatment for first six months, but thereafter all the accused started ill-treating her and assaulting her for petty reasons. They started demanding from her dowry of Rs.1 lac for purchasing a field. When Indubai visited her maternal house, she disclosed these facts to her maternal relatives. She also wrote some letters, however, since her parents were poor, they were unable to meet the demand. In order to preserve the married life of Indubai, her maternal relatives persuaded her to resume co-habitation. P.W.4 Ananda and his father had persuaded all the accused that they should not assault and ill-treat Indubai. However, ill-treatment to Indubai continued. When Indubai was pregnant for two months, she was not provided food and was assaulted and she was told that if dowry of Rs.1 lac would be paid, then only she would be maintained. On 26.4.2001, there was marriage of P.W.4 Ananda, which was attended by Indubai. That time, she told her maternal relatives that she was subjected to unbearable harassment and they should pay Rs.1 lac to them, as she was unable to bear the ill-treatment. Still, they persuaded Indubai to resume cohabitation and sent her back to her matrimonial house. On 19.5.2001 at 3.00 p.m., one neighbourer Deorao gave a message that accused No.1 Ramrao had called them in their field. Hence, P.W.4 Ananda and his cousin Waman went to the field of the accused at 4.00 p.m. Ramrao told P.W.4 Ananda that Indubai was not taking meals, as she had sulked. P.W.4 Ananda noticed that there were signs of injuries on her neck and Indubai was not talking. She was unconscious. There were also injury marks on her person. All the accused were present there. They did not allow them to minutely observe body of Indubai. Then, she was put in auto-rickshaw and she was brought to Dr. Kandi at Hingoli. Dr. Kandi advised them to take her to Civil Hospital. They took Indubai to Civil Hospital, Hingoli but doctors from Hingoli advised them to take her to Civil Hospital, Nanded. When they reached near Ardhapur, they realised that Indubai must have died. When she was taken to the Civil Hospital, Nanded, she was examined and declared dead. P.W.4 Ananda noticed injuries of assault on her neck, back, ribs and elbow. He accordingly lodged F.I.R. on 21.5.2000 at 4.10 p.m. P.W.14 P.I. Todase conducted the investigation. He drew spot panchnama and inquest panchnama. He also got autopsy done on the dead body. P.W.3 Dr. Suryakant in his post- mortem notes recorded cause of death by throttling. The statements of material witnesses were recorded. The chits purported to be written by deceased to her maternal relatives were seized and school notebook of Indubai as a specimen handwriting was also seized. Chits and the notebook were sent to handwriting expert. The handwriting expert supported the prosecution case. The accused came to be arrested. Viscera was forwarded to Chemical Analyst. On completion of investigation, the charge-sheet was submitted in the Court.
(3.) In due course, the case was committed to the Court of Sessions. The Charge was framed at Exh.10 under Sections 498-A, 302, 304-B read with S.34 of Indian Penal Code in the alternative, 302 read with Section 109 of Indian Penal Code. The accused pleaded not guilty. The prosecution examined fourteen witnesses. The accused have denied that Indubai died of throttling. The defence has examined Medical Officer from Hingoli, who has stated that Indubai had suspected meningitis and he had reported the matter to police and forwarded the patient to Civil Hospital, Nanded.;