- (1.)This is an appeal impugning an order and judgment dated 20th December 2003 passed by the 3 rd Ad-hoc Assistant Sessions Judge, Nashik, acquitting accused no.1 of offence punishable under Section 306 (Abetment of suicide) of Indian Penal Code ( IPC ) and accused nos.2,3 and 4 of offence punishable under Section 498-A (Husband or relative of husband of a woman subjecting her to cruelty ), Section 306 read with Section 34 (Acts done by several persons in furtherance of common intention ) of IPC . Accused no.1 has been convicted for offence punishable under Section 498-A of IPC . Learned APP is unable to answer whether there is any separate appeal filed by accused no.1 against conviction under Section 498-A of IPC. The appeal is only challenging the acquittal of accused nos.2,3 and 4 under Section 306 of IPC and Section 498-A of IPC and accused no.1 under Section 306 of IPC.
(2.)On 21st February 2020 since nobody was present in Court representing respondents, the Court appointed Mr. Anuj Desai, an Advocate, as Amicus Curiae. Before I proceed with the case, I must express my appreciation for the assistance rendered and endeavour put forth by Mr. Anuj Desai, learned Amicus Curiae, for it has been of immense value in rendering the judgment.
(3.)The facts in brief are one Jagnath Ambu Bhandare (PW-1), the father of victim Anita, lodged FIR on 7 th January 2000 in Pimpalgaon Police Station. As per his complaint, Anita had got married to accused no.1 on 31st May 1998. Thereafter, Anita started residing in the house of accused no.1 (husband of Anita) alongwith other three accused. Accused no.2 and accused no.4 are brothers of accused no.1 and accused no.3 is the father of accused no.1. Admittedly, accused no.4 had been given in adoption to some other family. It is alleged that all accused were telling Anita that she should bring Rs.1 lakh from her parents so that accused no.1 could buy a shop as he was unemployed. This was told by Anita to her parents, i.e., PW-1 (father) and PW-3 (mother) when she went to the parental home during diwali in the year 1999. After 4 or 5 days of diwali, accused no.1 went to the house of complainant to take back Anita at which time accused no.1 is alleged to have told PW-1 that he wanted Rs.1 lakh to purchase a shop premises and PW-1 replied saying that even the loan taken for marriage of Anita has not been repaid and once the grape season is over and they received income from the grapes sold, he will give Rs.1 lakh to accused no.1. It is alleged that Anita later once again told PW-1 that the accused are beating her, not giving her food and harassing her because PW-1 was yet to pay Rs.1 lakh to purchase a shop to accused no.1. PW-1 convinced Anita and sent her back to the matrimonial home.