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IN THE HIGH COURT OF JUDICATURE AT BOMBAY,
NAGPUR BENCH, NAGPUR
CRIMINAL APPEAL NO.180 OF 2004
Sanjay s/o. Babanrao Khalate,
Aged about 26 years, r/o.
Shivajinagar, Chandur Railway,
District Amravati. ………. APPELLANT
// VERSUS //
The State of Maharashtra,
Through Police Station Officer,
Chandur Railway, District
Amravati. ………. RESPONDENT
Mr.P.R.Agrawal, Advocate for the Appellant.
Mr.T.A.Mirza, A.P.P. for the Respondent/State.
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CORAM : M.G.GIRATKAR, J.
DATED : 7TH APRIL, 2018.
ORAL JUDGMENT :
1. Appellant has assailed the Judgment of the Additional
Sessions Judge, Amravati in Sessions Trial No.4 of 2003, by which he
is convicted for the offence punishable under Section 498A of the
Indian Penal Code and sentenced to suffer rigorous imprisonment for
three years and to pay a fine of Rs.200/-, in default to suffer rigorous
imprisonment for six months. He is also convicted for the offence
punishable under Section 306 of the Indian Penal Code and
sentenced to suffer rigorous imprisonment for seven years and to pay
a fine of Rs.200/-, in default to suffer rigorous imprisonment for six
months.
2. The case of prosecution against the appellant, in short,
is as under :
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Deceased Lata married with the appellant on 28th May,
2002. After the marriage, Lata went to co-habit with the appellant at
Chandur Railway. After the marriage, Lata visited to her parents’
house on three times. On the first occasion, her brother Jitendra
Marathe fetched her. At that time, she told him that her husband had
demanded Rs.25,000/- to buy an auto rickshaw. He told his sister
that he was unable to pay that amount. Thereafter, appellant asked
her brother on telephone to pay Rs.25,000/-. On 8.9.2002, Lata
committed suicide by jumping into well. On the report of Jitendra,
crime was registered against the appellant. API Telewar investigated
the crime. After complete investigation, filed charge sheet before the
Judicial Magistrate, First Class, Chandur Railway who, in turn,
committed the case for trial to the Court of Sessions at Amravati.
3. Charge was framed at Exh.7. The same was read over
and explained to the appellant. The appellant pleaded not guilty and
claimed to be tried. Prosecution has examined seven witnesses. At
the conclusion of the trial, the learned trial Court convicted the
appellant as stated above.
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4. Heard Mr.P.R.Agrawal, learned Counsel for the
appellant. He has pointed out the evidence of material witnesses and
submitted that the witnesses have not stated any specific cruelty
against the deceased. Their evidence in respect of demand of
Rs.25,000/- is not reliable. The learned Counsel has pointed out
evidence of Jahagir Khan s/o. Gulab Khan Pathan (PW-6). Learned
Counsel has submitted that the stones of parapet wall of the well
were detached. Height of parapet wall was 2 feet from the ground
level and therefore, there was possibility of accidental death of the
deceased while fetching water.
5. Heard Mr.T.A.Mirza, learned A.P.P. for the
respondent/State. He has supported the case of prosecution.
6. Jitendra Balu Marathe (PW-1), Kamlabai w/o. Balu
Marathe (PW-3), Dwarkabai w/o. Pralhad Suryawanshi and Sunita
d/o. Balu Marathe (PW-4) are the material witnesses. Jitendra (PW-
1) has stated in his evidence that, after the marriage, the deceased
visited to his house on three occasions. On the first occasion, he
fetched her. At that time, the deceased had told him that her
husband/appellant was demanding Rs.25,000/- to purchase auto
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rickshaw. He has stated that, on telephone, the appellant had
demanded the said amount.
7. From the cross-examination of Jitendra (PW-1), it is
clear that marriage of the deceased was settled by mediator
Dwarkabai. At the time of marriage, it was settled that they had to
pay Rs.15,000/- to the appellant for expenditure of marriage. The
appellant agreed to arrange for ornaments. The appellant did not
demand Rs.25,000/- at the time of settlement of marriage. Deceased
Lata had been to their house in the month of June during her second
visit. At that time, he was undergoing surgery of piles. Lata and her
husband/appellant stayed and left on the next date. From the cross-
examination of this witness, it is clear that he did not make any
attempt to seek intervention of mediator Dwarkabai and parents of
appellant in respect of his demand. He has further admitted that,
during her three visits, his sister had not told him other than the ill-
treatment meted out to her for demand of money. He has further
admitted that there was no harassment except demand of money.
Jitendra (PW-1) has admitted that he had stated before the police
that, due to demand of money, she might have committed suicide.
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8. Kamlabai Marathe (PW-2), mother of the deceased has
not stated anything against the appellant. Dwarkabai Suryawanshi
(PW-3) has stated that, due to her mediation, marriage of Lata was
settled with the appellant. 2-3 months after the marriage of
appellant with Lata, she came to her house. Appellant left her at her
house. At that time, deceased told her that appellant demanded
money from her brother on telephone for auto rickshaw. She did not
disclose anything about the harassment/cruelty by her husband. In
her cross-examination, she has admitted that she did not know about
the demand of Rs.25,000/- by the appellant. She has denied portion
Mark ‘A’.
9. Sunita d/o. Balu Marathe (PW-4), sister of the deceased
has not supported prosecution. She was declared hostile and cross-
examined by prosecution. She has admitted in her cross-examination
that the appellant used to sell ‘frymes’ before the marriage. Jitendra
(PW-1) and Sunita (PW-4) have admitted that the appellant was not
having any driving license and he was not driving auto rickshaw.
10. Admission of Jitendra (PW-1) and Dwarkabai (PW-3)
clearly shows that, except demand of money, there was no any
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cruelty by the appellant. Hence, the prosecution has failed to
establish any of the ingredients of Section 498A of the Indian Penal
Code.
11. In respect of offence punishable under Section 306 of
the Indian Penal Code, there should be abetment or instigation by
the appellant to commit suicide. Admission of Jitendra (PW-1) itself
shows that, except demand of money, there was no any cruelty by
the appellant. Therefore, it cannot be said that, only because of
demand of money, the deceased committed suicide.
12. From the cross-examination of Jahagir Khan (PW-6), it
is clear that the parapet wall of well was about 2 feet from the
ground level. Some of the stones were detached from the wall.
Therefore, possibility of accidental death cannot be ruled out.
13. Dwarkabai (PW-3) has admitted in her cross-
examination that, on 8.9.2007, at Chandur Bazaar she heard from
the neighbours that, on the same night, the accused had sold
mangalsutra of Lata and had lost money in gambling Therefore, it
may be one of the cause. There is no specific evidence to show that
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because of abetment or instigation of the appellant, the deceased
committed suicide. Learned trial Court has not appreciated the
evidence properly and wrongly convicted the appellant. Hence, I am
inclined to allow the appeal and proceed to pass the following order.
//ORDER//
The appeal is allowed.
The impugned Judgment of conviction in
Sessions Trial No.4 of 2003, dt.12.3.2004 is hereby
quashed and set aside.
Appellant is acquitted of the offences
punishable under Sections 498A and 306 of the Indian
Penal Code.
Appellant is on bail. His bail bonds shall
stand cancelled.
Fine amount, if paid, be refunded to the
appellant.
The record and proceedings be sent back to
the trial Court.
JUDGE
[jaiswal]
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