2024:BHC-AUG:9090 IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD CRIMINAL APPEAL NO. 599 OF 2002 Yadavrao S/o. Kondbarao Jambutkar, Aged : 32 years, Occu. : Agri., R/o. Shirad, Taluka Hadgaon, District Nanded. …. Appellant (Orig. Accused No.1.)

Versus The State of Maharashtra, Through the Police Station, Hadgaon, District Nanded. .… Respondent (Orig. Complainant)

…

Mrs. Rekha Choudhari h/f. Mr. S. S. Choudhari, Advocate for Appellant Mr. S. M. Ganachari, APP for Respondent - State ...

CORAM : ABHAY S. WAGHWASE, J.

RESERVED ON : 22^nd APRIL, 2024 PRONOUNCED ON : 30^th APRIL, 2024 JUDGMENT :

1. Original accused no.1 / convict is hereby taking exception to the judgment and order passed by learned Ad-hoc Additional Sessions Judge, Nanded dated 23.09.2002 in Sessions Case No. 135 of 2001, recording guilt of the appellant for offence punishable under sections 498A and 306 of Indian Penal Code (IPC).

FACTS GIVING RISE TO TRIAL ARE AS UNDER

2. Deceased Vidya daughter of informant was married to present appellant on 28.04.1998. Indictment is on the allegation about ill treatment and demand after two months of marriage. Specific allegations are that, husband demanded amount of Rs. 40,000/- for motorcycle, whereas accused nos. 2 and 3 parents-in- law subjected Vidya to mental cruelty. Because of said ill treatment Vidya consumed poison and committed suicide. Hence, the above charge.

3. On complaint of father (PW1 Sambhaji), crime was registered and investigated by PW11 API Bhagwat, who on gathering sufficient evidence, charge-sheeted husband and in-laws for offence punishable under sections 498A and 304-B read with section 34 of IPC.

Accused faced trial and finally learned Ad-hoc Additional Sessions Judge, Nanded acquitted accused nos. 2 and 3 Kondbarao and Parvatibai from all the charges. However, only husband was held guilty for offence punishable under sections

498A and 306 of IPC. Hence the appeal.

SUBMISSIONS On behalf of Appellant :-

4. Learned counsel for appellant would submit that prosecution has miserably failed to establish the charges beyond reasonable doubt. She pointed out that, there is no independent convincing evidence in support of the charge of demand and cruelty. She took this court through the testimonies of prosecution witnesses and would submit that, their testimonies are not only inconsistent, but are also full of material omissions, contradictions and full of improvements. Learned counsel pointed out that, in fact, deceased was upset for not conceiving and was also suffering from health issues, and therefore, possibility of consumption by getting fed up because of personal problems cannot be ruled out.

5. Learned counsel further submitted that, parents, brother, aunt and uncle are not stating as to when exactly alleged incident of demand and ill treatment took place. According to her, allegations are general and omnibus in nature. That, on such bald allegations, case of prosecution ought not to have been accepted by learned trial Judge, and therefore, she questions its maintainability and legality.

6. Learned counsel would strenuously point out that, on same set off evidence, learned trial Judge already acquitted the parents-in-law, but unfortunately held husband alone guilty in absence of any legally acceptable evidence. She pointed out that, there is no evidence to attract section 498A of IPC. Likewise, she pointed out that there is nothing to indicate abetment to commit suicide. Thus, she questions the findings and reasonings at the hands of learned trial court and further questions maintainability and sustainability of the judgment and order and finally she prays to allow the appeal.

On behalf of Respondent – State :

7. In answer to above, learned APP would point out that, barely after two months of marriage, husband and in-laws put up demand of Rs.40,000/- for motorcycle. That, parents-in-law taunted, commented and subjected deceased Vidya to mental cruelty. That, deceased promptly reported the treatment mete