Criminal Appeal No. 333 of 2004. Case: State of Maharashtra Vs Rajendra s/o. Kashirao Bhujade. Bombay High Court

Case Number:Criminal Appeal No. 333 of 2004
Party Name:State of Maharashtra Vs Rajendra s/o. Kashirao Bhujade
Counsel:For Appellant: Smt. Nivedita Mehta, Additional Public Prosecutor and For Respondents: Mr. A.R. Wagh, Adv.
Judges:S.B. Shukre, J.
Issue:Indian Penal Code - Sections 498A, 306, 34
Judgement Date:May 16, 2017
Court:Bombay High Court
 
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Judgment:

(Nagpur Bench)

  1. This is an appeal preferred against the judgment and order dated 3.2.2004 passed in Sessions Trial No. 116/2002 by the learned Additional Session Judge, Amravati, whereby this respondent as well as his close relatives / co-accused - Ravindra Bhujade, Chhaya Bhujade and Sushilabai Bhujade, have been acquitted of the offences punishable under Sections 498A and 306 read with Section 34 of Indian Penal Code.

  2. Deceased Archana was the wife of the respondent. Their marriage was solemnized in the year 1998. At that time, respondent was residing in a joint family consisting of himself, his mother Sushilabai and brother Rajendra and Chhaya, wife of Ravindra. After the marriage, deceased Archana joined the company of respondent and started cohabiting with the respondent. She was well treated initially for 3 to 4 months, but it appears that differences arose between deceased Archana on the one hand and the respondent and his close relatives on the other. In order to find solution, the respondent took a decision to have a separate residence and mess and, therefore, he together with deceased Archana moved out of the joint family house at village Dawargaon, District Amravati. However, the differences between the two did not dissipate, rather, there was increase in them. It is alleged that respondent used to demand amount of Rs. 20,000/-, from deceased Archana and her father in order to finance digging of well in his agricultural field and his close relatives used to support him in such a demand. It was further alleged that on failure of deceased Archana and her father to meet illegal demand, respondent and his close relatives used to harass and ill-treat deceased Archana. Deceased Archana was also allegedly ill-treated by the respondent and his close relatives for the reason of her inability to bear a child. Fed up with the ill-treatment, deceased Archana put an end to her life by consuming poison on 31.1.2002 in the late afternoon hours, in her house at village Dawargaon. Information of the death was passed on to the police and A.D. inquiry was instituted. Postmortem Report revealed the cause of death to be poisoning. Necessary panchanamas were drawn out.

  3. The matter was about to be closed as a case of suicidal death when on 3.2.2002, at about 1.45 p.m., Santosh -- brother of the deceased visited Police Station and lodged his report against the respondent and his close relatives. The report was reduced into writing and police registered offences punishable under Sections 498A and 306 r/w Section 34 of Indian Penal Code against the respondent, his brother, brother's wife and mother. Further investigation was carried out. After completion of investigation, a chargesheet came to be filed against the respondent and his said close relatives. As one of the offences involved was exclusively triable by the Sessions Court, the learned Magistrate committed the case to Sessions Court for trial against all...

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