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ABHAY S. WAGHWASE
Sudhir Chandrakant Pardeshi – Appellant
Versus
State of Maharashtra – Respondent
JUDGMENT
In instant appeal, there is challenge to the judgment and order dated 15.04.2004 passed by learned IIIrd Additional Sessions Judge, Jalgaon in Sessions Case No.121 of 2003 holding appellants guilty for offence punishable under sections 498-A and 306 read with section 34 of Indian Penal Code (IPC).
In Brief Prosecution Version is that
2. Deceased Rashmi was married with appellant on 24.12.2002. After marriage she came to reside with her husband and in-laws. After barely 2 months, she reported ill treatment. Even during her visit at the time of Holi festival on 23.03.2003, she reported ill treatment and taunting on various counts like not preparing meals, giving her humiliating treatment, not allowing her to watch T.V. In spite of she suffering from Typhoid she was asked to do the domestic work and even she was prevented from talking with neighbours. All this was reported during her stay at the time of Holi festival. On 01.05.2003 news of suicide was received by phone call from one Shankar Pardeshi and therefore, PW1 mother lodged report Exh.36, on the basis of which crime was registered.
3. PW6 API Saste carried out investigation and after gathering evidence, charge-sheete
Cruelty – Every harassment does not amount to cruelty – What constitutes cruelty for one person may not constitute cruelty for another person.
Vague allegations of ill-treatment do not constitute legal cruelty under IPC; a clear causal link between accused's actions and victim's suicide must be established.
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.
Insufficient evidence of specific ill-treatment and lack of direct link to suicide led to the quashing of convictions under Sections 498-A and 306 of the IPC.
The main legal point established in the judgment is that the prosecution must prove the intention of the accused to commit cruelty or abet suicide, and the evidence presented must be specific and cre....
Conviction requires reliable, corroborative evidence beyond hearsay to prove charges under Sections 498A and 306 IPC.
The prosecution failed to prove cruelty or instigation linked to the suicide, resulting in acquittal under IPC Sections 498A and 306.
The main legal point established in the judgment is that continuous abuse, assault, and harassment by the accused, leading to the deceased's suicide, constitute cruelty within the meaning of sec. 498....
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