Criminal Revision Application No. 226 of 1991. Case: Balasaheb Annappa Waghmare Vs The State of Maharashtra. High Court of Bombay (India)
| Case Number | Criminal Revision Application No. 226 of 1991 |
| Counsel | For Appellant: A. P. Mundergi, Adv. and For Respondent: I. S. Thakur, A.P.P. |
| Judges | V. Sahai, J. |
| Issue | Indian Penal Code (45 of 1860) - Sections 304B, 306, 498A; Dowry Prohibition Act (28 of 1961) - Section 2 |
| Citation | 1997 CriLJ 3476 |
| Judgement Date | June 18, 1997 |
| Court | High Court of Bombay (India) |
Judgment:
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By means of this revision the petitioner has impugned the judgment and order dated 23rd August, 1991, passed by the 3rd Additional Sessions Judge, Kolhapur, in Criminal Appeal No. 101 of 1989, whereby the judgment and order dated 22-5-1989 passed by the Assistant Sessions Judge, Kolhapur in. Sessions Case No. 95 of 1988 convicting him for offences punishable under Sections 304 (B), 306 and 498A, I.P.C. and sentencing him to undergo R.I. for 7 years and to pay a fine of Rs. 2000/- in default to suffer R.I. for 6 months' R.I. for 2 years and to pay a fine of Rs. 1000/- in default to suffer R.I. for 4 months and R.I. for 1 year and to pay a fine of Rs. 500/- in default to suffer R.I. for 2 months respectively has been confirmed.
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Briefly stated the prosecution case is that the deceased Sunita, daughter of P.W. 1 Laxman Awale was married to the petitioner on 11-5-1986. The evidence is that 8 to 10 months after the marriage, the ceremony in connection with pregnancy of 7 months was held in which the petitioner was only given clothes and not a golden ring which he wanted. Consequently he stared harassing her. It is also alleged that on Padwa day in 1987 both the petitioner and Sunita came to the house of P.W. 1 Laxman and the petitioner demanded Rs. 5000/- for buying a motor cycle. P.W. 1 Laxman however, could manage only Rs. 1000/-.
It is said that as P.W. 1 Laxman could not give the money Sunita started crying as she was apprehensive of more harassment. The evidence is that she was subjected to cruelty and harassment on account of this by the petitioner and his mother Kasabai Waghmare, who has been acquitted by the trial Court
On 30-3-1988 at about 8 p m. she went to answer the call of nature and did not return back to the house. Consequently her parents were informed about this and they came to village Latwade where Sunita used to reside with the petitioner. On 31st March, 1988 i.e. the next day Sunita's corpse was taken out from a well.
According to the prosecution on account of the harassment and cruelty meted out by the petitioner she committed suicide. The FIR of the incident was lodged by Laxman P.W. 1 at Police Station Vadgaon and on its basis a case under Section 304B, I.P.C. etc, was registered against the petitioner and his mother Kasabai. After the usual investigation the petitioner and his mother were charge-sheeted. The case came up for trial before the Assistant Sessions Judge, Kolhapur.
In the trial Court in all...
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