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IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD
ABHAY S. WAGHWASE, J.
Gyanoba S/o Narayan Derne – Appellant
Versus
The State Of Maharashtra – Respondent
JUDGMENT :
ABHAY S. WAGHWASE, J.
1. In this appeal, exception has been taken to the judgment and order dated 05.08.2004, rendered by learned Additional Sessions Judge, Nanded in Sessions Case No. 90 of 2003, recording the guilt of the appellant for offences punishable under section 498-A read with Section 34 and Section 306 of the Indian Penal Code (IPC).
PROSECUTION CASE IN BRIEF
2. In brief, case of the prosecution is that, deceased Mangala was married to present Gajanan Derne in the year 1996 and after marriage, she went to cohabit with her husband. After the marriage, Gajanan maintained his wife peacefully and properly about one year. Deceased Mangala was residing with her husband at Himayatnagar with her children. Prior to eight days of the incident, accused no.2 Saraswatibai came to the house of deceased Mangala and quarrelled with her and abused her. So also, prior to 2 to 3 months, accused No.1 Gyanoba came to the house of deceased and quarrelled with her and abused her. Accused Nos. 1 to 3 were allegedly visiting the house of the deceased and demanding money from time to time. Therefore, on 22.01.2003, between 05:00 p.m. and 06:00 p.m., Mangala allegedly poured kerosene on her
Vague allegations without specific instances do not establish charges under Section 498-A; for abetment of suicide under Section 306, there must be clear evidence of instigation or inducement.
For a conviction under Section 306 IPC, clear evidence of instigation or abetment is required, which was not established in this case.
Conviction under IPC Sections 498A and 306 requires clear evidence of cruelty and instigation, which was not established in this case.
The prosecution must provide specific instances of cruelty and direct acts of instigation to establish charges under Sections 498-A and 306 IPC; vague allegations are insufficient.
Abetment of suicide requires direct evidence of incitement or provocation near the time of the act, rather than merely historical instances of harassment or cruelty.
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