TUKARAM CHANGDEO KANADE Vs. THE STATE OF MAHARASHTRA

JUDGEMENT

(1.) By this appeal, the appellant/accused is challenging the judgment and order dated 28 th September 1991 passed by the learned 9th Additional Sessions Judge, Pune, in Sessions Case No.319 of 1994, thereby convicting the appellant/accused for the offence punishable under Section 498A of the Indian Penal Code. He is sentenced to suffer rigorous imprisonment of 2 years apart from directing him to pay fine of Rs.500/- and in default, to undergo further rigorous imprisonment for 2 months. Rest of the three accused persons were acquitted by the learned trial court by the said judgment and order.

(2.) Briefly stated, it is case of the prosecution that on 24 th April 1993, Meera Kisan Illay, resident of Talegaon, Taluka Sangamner, District Ahmednagar, married appellant/accused Tukaram Kanade. It was an arranged marriage, which was solemnized with consent of the bride as well as the bridegroom. The appellant/accused, at the time of his marriage, was serving in Telco Company, and was residing at Lonikand, Pune. After one month of her marriage, Meera started cohabiting with appellant/accused Tukaram Kanade at Lonikand, Pune. Co- accused who are parents and relatives of the appellant/accused were also residing with him. It is case of the prosecution that after her marriage, accused persons including the appellant/accused used to coerce Meera to bring an amount of Rs.20,000/- from her parents and on account of that demand, he used to beat Meera. Mother-in-law of Meera was not providing food to her and she was insisting Meera to do much more physical work. She was insulting and mentally torturing Meera. Father-in- law of Meera used to abuse her on trivial things and used to threaten her that if she fails to bring the amount of Rs.20,000/- from her parents, she will be divorced. The prosecution further alleged that sister-in-law of Meera also used to subject her to cruelty. Meera used to disclose all these happenings in her married life to her parents when she used to visit her parental house from time to time. Ultimately, according to the prosecution, Meera committed suicide on 14th June 1994. Report of her death (Exhibit 25) on 15th June 1994 was given by her father PW2 Kisan Illay to Sangamner Police Station. Then on 16th June1994, her brother Sukhdeo lodged First Information Report (FIR) Exhibit 20 with Sangamner Police Station. As the alleged offence took place within territorial jurisdiction of Haveli Police Station, Pune, the said FIR along with papers of accidental death case were sent to Haveli Police Station, where Crime No.148 of 1994 came to be registered against the accused persons including the present appellant/accused Tukaram Kanade.

(3.) After completion of routine investigation, the applicant/accused along with three co-accused was charge- sheeted for offences punishable under Sections 498A and 306 read with 34 of the Indian Penal Code . They were accordingly charged. In order to bring home the guilt to the appellant/accused, the prosecution has examined in all six witnesses. PW1 Sukhdeo is the First Informant. He is brother of deceased Meera Tukaram Kanade. Kisan Illay - father of deceased Meera is examined as PW2. Dr.Shivaji Mahale, Autopsy Surgeon, is examined as PW3. Exhibit 28 is report of postmortem examination of dead body of Meera Kanade. Police Head Constable Balkrushna Andbale, who recorded report of accidental death case of deceased Meera is examined as PW4. Police Constable Shivaji Joshi who had conducted part of the investigation is examined as PW5. Investigating Officer Police Sub- Inspector Hindurao Godse is examined as PW6. Defence of the accused persons was that of total denial. They examined Heerabai Kand, neighbour as DW1 and Dr.Nirmala Ganla as DW2.