VR Kingaonkar, J. - (1.)Challenge in this appeal is to judgment rendered by learned 2nd Additional Sessions Judge, Jalgaon, in Sessions Case No. 15/1994, whereby and where under above named appellant has been convicted for offences punishable Under Sections 306, 498-A of the I.P.Code and is sentenced to suffer rigorous imprisonment for five (5) years and fine of Rs. 2,000/-(Rupees two thousand), in default rigorous imprisonment for three (3) months, on first count and rigorous imprisonment for three (3) years and fine of Rs. 1,000/-(Rupees one thousand), in default rigorous imprisonemnt for one (1) month, on the second count.
(2.)Somewhere in the year 1969, first marriage of the appellant was performed with Dagubai, who was the elder sister of deceased Meera. Out of that first marriage one son was born to Dagubai. He is DW 1 Prabhakar. Said Dagubai died due to illness after about ten (10) years of the marriage. The appellant performed second marriage. His relations with the second wife were strained. The spouses fell out. The second marriage was short lived affair which ended in divorce. His son Prabhakar was then aged about 8/9 years old. The appellant entered into his third wedlock with younger sister of Dagubai i.e. deceased Meera. It appears that Meera was given in marriage to the appellant with a view to take care of DW Prabhakar so as to ensure his proper bringing up under care of the maternal aunt-cum-mother. The marriage between Meera and the appellant was performed somewhere in the year 1981-82. Initially Meera resided with the appellant and his mother at village Gaurkheda for some years. She gave birth to a female child by name Mangala.
(3.)The prosecution case, stated briefly, is that deceased Meera was being given cruel treatment by the appellant. He and his mother used to suspect her fidelity and used to beat her. She complained about the matrimonial cruelty to her brother and others as and when she used to visit the paternal house on occasions of festivals like "Akhaji" and "Diwali". The parental home of Meera is at village Ringangaon. The appellant and his mother migrated to village Ringangaon in or about 1985. They started residing in a house situated in locality near the locality where her brother and other members of the parental family are residing. The appellant was suspecting her character and continued to beat her from time to time. He disallowed her since 1991 to visit house of her brother i.e. PW Bhikari. However, in the year 1993, she visited his house on occasion of "Bhaubhij" festival in the evening time. She returned the maternal home after a short while. The appellant had beaten her because she had visited house of her brother though he had instructed not to go there. On the next day, i.e. 18.11.1993, Meera visited the agricultural land. The appellant picked up quarrel with her for trivial reason and started beating her. She could not bear the torture any more. She ran towards a nearby well and jumped therein. She died due to drowning in that well. Her brother i.e. PW 1 Bhikari lodged FIR (Exh.13) at Erandol Police Station. Before lodging of the FIR, the village Police Patil had already given report about the death of Meera due to the drowning. Therefore, the Police visited the agricultural land of Chindu Kisan Doke, wherein the well is situated. The dead body of Meera was retrieved from the well. An inquest panchanama (Exh.16) was drawn. A spot panchanama (Exh.17) was also prepared during course of the inquiry. The dead body was sent for post-mortem examination. The Medical Officer issued advance certificate (Exh.18) regarding probable cause of her death. In the opinion of the Medical Officer, she died as a result of asphyxia due to drowning.