R.B. Deo JUDGMENT
R.B. Deo, J.
1. The appellant seeks to assail the judgment and order dated 29.07.2004 rendered by the learned Ad-hoc Additional Sessions Judge, Washim in Sessions Trial 130/2002, by and under which, the appellant is convicted for offence punishable under section 498-A of the Indian Penal Code ('IPC' for short) and is sentenced to suffer rigorous imprisonment for one year and to payment of fine of Rs. 500/- and is further convicted for offence punishable under section 306 of the IPC and is sentenced to suffer rigorous imprisonment for five years and to payment of fine of Rs. 1500/-. The appellant faced trial along with his mother Smt. Lilabai Parande, who is acquitted and his father Dnyandeo Parande who is convicted and sentenced to suffer imprisonment till rising of the court.
2. Heard Shri Ashish Girdekar, the learned Counsel for the appellant and Shri V.P. Gangane, the learned Additional Public Prosecutor for the respondent-State.
3. The genesis of the prosecution lies in the oral report dated 01.11.2002 lodged by Prabhakar Ihare the brother of the deceased (P.W.1) the gist of which is thus:
The marriage of the deceased Babibai was solemnized with the accused Dinkar 17 to 18 years prior to her unfortunate death. Babibai and accused are blessed with a son from the wedlock. Babibai was treated well by the accused and his parents till the birth of the son. Thereafter, the accused and his parents started harassing Babibai for trivial reasons. A written consent was obtained from Babibai for the second marriage of the accused. The accused married one Asha during the subsistence of marriage with Babibai, ten years prior to the incident.
Babibai used to narrate to her family that she was harassed. In view of the harassment, Babibai and her sons started residing separately. The accused transferred two acres of agricultural land in the name of Babibai's son Rameshwar. However, the accused continued to cultivate the field and to reap the benefits thereof. Babibai was demanding the proceeds from the cultivation, for her maintenance. The accused refused to do so and used to abuse and taunt Babibai, she was beaten and harassed.
On 27.10.2002 the informant received a telephonic call conveying that Babibai was missing from home. He came to Pimpalkhuta, searched for her sister in vain and after halting for the night at Pimpalkhuta, he came to Mangrulpir on 20.10.2002. At Mangrulpir, he came to know that Babibai died due to drowning in the well in her village and went to Pimpalkhuta. The police formalities of recording of the panchnama were on going. The informant lodged report that his sister committed suicide due to the harassment suffered at the hands of the accused.
4. On the basis of the report, offence punishable under section 498-A, 306 read with section 34 of IPC was registered, investigation ensued and upon completion thereof charge-sheet was submitted in the court of Judicial Magistrate First Class, Mangrulpir who committed the proceedings to the Sessions Court. The learned Sessions Judge framed charge (Exh. 13) for offence punishable under section 498-A, 306 read with section 34 of the IPC. The accused pleaded not guilty and claimed to be tried. The defence is of total denial.
5. I have given my anxious consideration to the evidence on record, the submissions of Shri Gird........