The court established that demands made in connection with the marriage, even after the wedding, can constitute dowry demand and cruelty under the Indian Penal Code.

JUDGMENT

V. K. Jadhav, J. - These two appeals have been preferred against the judgment and order of conviction dated 26.2.2014 passed by the Additional Sessions Judge, Ahmednagar in Sessions Case No.384 of 2012.

2. Brief facts of the prosecution case are as follows :-

a] On 15.9.2012 village Police Patil of Aavhane, Tq. Shevgaon, District Ahmednagar has reported to Shevgaon Police Station that one Kalindi Sharad Thange died due to burns in her matrimonial home. On the basis of such information, accidental death bearing A.D. No.70 of 2012 was registered at Shevgaon Police Station and one ASI Shirvam Dhakne was entrusted with the inquiry.

b] On 16.9.2012 at about 3.00 a.m. PW 1-Raosaheb Kondiba Dukale-father of the deceased Kalindi has filed F.I.R at Shevgaon Police Station. It has been stated in the FIR that deceased Kalindi was given in marriage to appellant/accused no.1 Sharad Thange and marriage was performed on 29.1.2012. It has been alleged that Kalindi was treated well for a period of one month and, thereafter subjected to cruelty on account of the non-fulfillment of demand of Rs.50,000/- (Rs. Fifty Thousand) for purchasing a motorcycle. It has also alleged that on 13.9.2012 when the complainant has invited all the accused in his house for Dhonde Feast, appellant/accused no.1 Sharad has made a demand of one Tola Gold Ring, however, due to poor economical condition, complainant PW 1 Raosaheb could not fulfill the said demand. However, he has promised that when he will fetch good yield from his land, said ring will be given. All the accused left the house of the complainant alongwith Kalindi, however, while leaving the house deceased Kalindi was crying. On the very next day, i.e. on 15.9.2012 deceased Kalindi informed to her brother PW 3 Dada Dukle on phone that as golden ring was not given to her husband appellant/accused, he has severally assaulted her and subjected her to cruelty. On the same day, at about 3.00 p.m. Sarpanch of village Avane informed to PW 3 Dada Dukle on phone that his sister deceased Kalindi died due to burns in the house of the accused. Accordingly, PW 1 Raosaheb, his wife Prayagbai and other relatives rushed to the house of the accused at Barhanpur, Tq. Shevgaon, District Ahmednagar. They have found that deceased Kalindi was totally in burnt condition and her dead body was lying in the house of the accused. They have carried said dead body to the Civil Hospital, Shevgaon. PW 1 Raosaheb has expressed his suspicion that since demands of Rs.50,000/- for purchasing the motorcycle and one Tola gold ring were not satisfied, his daughter was subjected to cruelty on that count, and accordingly, deceased Kalindi had committed suicide by setting herself on fire.

c] On the basis of his complaint crime bearing no.203 of 2012 was registered under section 304-B, 498-A, 323, 504, r/w 34 of IPC with the Shevgaon Police Station, Tq & District Ahmednagar. PW PSI Bhande has investigated the crime. He has taken papers of accidental death. The I.O. has recorded statements of the witnesses. Appellants/accused came to be arrested in connection with the crime, seized articles were sent to the C.A. Thus, on completion of the investigation, PW 5 PSI Bhande submitted the charge-sheet against appellants/accused persons.

3. The learned Additional Sessions Judge, Ahmednagar has framed the charge against appellants/ accused under section 498-A, 304-B, 306, 323, 504, 34 of IPC. All the accused have pleaded not guilty to the charges and claimed to be tried. The defence of all the appellants/accused is of total denial. According to them, they have not demanded anything and deceased Kalindi was not subjected to cruelty. According to them, financial condition of deceased Kalindi was sound and, as such, deceased Kalindi was not in a habit of doing work on daily wages basis. Appellant/accused no.1 Sharad is having his own motorcycle and, as such, there was no reason for him to make a demand for purchasing the motorcycle. Appellant/accused no.