K.R. Shriram,J. - (1.)This is an appeal impugning an order and judgment dated 18th December 2002 passed by the 1st Ad-hoc Additional Sessions Judge, Islampur, acquitting the five accused of an offence punishable under Section 498 (A) (Husband or relative of husband of a woman subjecting her to cruelty) and Section 306 (Abetment of suicide), read with Section 34 (Acts done by several persons in furtherance of common intention) of the Indian Penal Code (IPC).
(2.)The case of the prosecution in brief is that one Rupali (deceased) got married to accused no.1 - Chandrakant Bhagwan Katkar on 13th May 1999. After marriage, deceased went to live with her husband in the matrimonial home where apart from her husband, his parents, i.e., accused no.2 - Bhagwan Dada Katkar (Father), Malan Bhagwan Katkar, accused no.3, the Mother and a college going brother Suryakant Bhagwan Katkar, accused no.4, were residing. Accused no.5 is the brother of accused no.2 and uncle of accused no.1, who was living separately nearby. Everything was going fine in the marriage and after one year, accused no.1 and deceased were blessed with a female child, who was named Rutuja. Rutuja was born on 7th June 2002. The child was born in the parental home and after delivery, deceased and Rutuja stayed with the parents for some time. Deceased thereafter, returned to her matrimonial home with Rutuja. After a month, deceased and Rutuja went to the parental home as deceased had some problem with her back and was complaining of backache. Deceased was hospitalised with one Dr. Bhagwat for eight days, who has not been examined as a witness. After deceased was discharged, deceased went back to her matrimonial home. Subsequently, during Dussehra time, which would be October/November 2002, deceased went back to her paternal home. Just one day before Dussehra, accused no.2 informed the complainant - PW-5 that his wife, i.e., accused no.3, had taken ill and deceased should return to matrimonial home soon. Accordingly, PW-5 and his wife, who is mother of the deceased (listed as a witness but not examined) took deceased and Rutuja to the matrimonial home. When they reached, accused no.3 was in the house, who told complainant, his wife and deceased, that because of deceased accused no.3 had lot of tension and therefore, she fell sick. It seems accused no.3 abused deceased as well as the wife of complainant. An hour later, accused no.1 came and assaulted deceased and also asked what was going on. A crowd gathered and the wife of complainant left for home and some time later, complainant also went back home.
(3.)It is the case of the prosecution that the accused used to torture deceased by making her do household work, like to collect the cow dung or milk the cow or collect the fodder. Deceased also, it is alleged, was abused in filthy language. What were the abuses have not been mentioned anywhere. It seems deceased used to be not even given food. Deceased, it seems, used to telephone to complainant and complain about the harassment meted out to her and that her life has become unbearable. It seems deceased also informed complainant that her brother-in-law, accused no.4, used to even kick her.