Cr.Appeal/160/1994 1 IN THE HIGH COURT OF JUDICATURE OF BOMBAY BENCH AT AURANGABAD CRIMINAL APPEAL NO.160 OF 1994 The State of Maharashtra ..Appellant VERSUS 1. Vishnu Kisan Pawar, Age 24 years, 2.Kisan Pandurang Pawar, Age 48 years, 3.Padmini Kisan Pawar, Age 42 years, All r/o Nannaj, Taluka Jamkhed, Dist.Ahmednagar ..Respondents ... Shri V.D.Godbharale, APP for appellant and Shri K.S.Bhore, Advocate for respondents, ... CORAM : A.H.JOSHI & A.R.JOSHI, JJ. Dated : September 16, 2011 ORAL JUDGMENT : (Per A.H.JOSHI, J.):- 1. The accused persons were charged for commission of offences under Sections 306, 498-A read with 34 of the Indian Penal Code for ill- treating Gangubai wife of accused No.1 - Vishnu Pawar, over dowry related demands and abettment of her suicide by ill-treating her on said demands. Cr.Appeal/160/1994 2 2. The prosecution has relied upon four witnesses to support this aspect. 4. Testimony of PW 4 Kashibai refers to the aspect of ill-treatment in paragraph Nos.1 and 2 of the deposition. 5. Though the said part of deposition of PW 4 Kashibai is lengthy, instead of narrating what she has stated, it would be useful to refer to her deposition in verbatim, which is quoted below:- "1. .... When Gangubai used to come to my house, on occasions like festivals, she was telling about her ill treatment and beating to her by her husband and his parents. Gangubai used to tell me that her mother-in-law, accused 3, was saying that the marriage was not performed in a befitting manner, to the status of accused No.1 and she (Gangubai) is not liked by her husband or herself (accused No.3) and they are going to perform second marriage of accused No.1. Cr.Appeal/160/1994 3 2. My another daughter by name Jamunabai was married with Nana Dorwad about 10 months after the marriage of Gangubai. Accused No.1 and Gangubai have attended that marriage and as per custom, we have offered clothes etc. present to that couple. In the marriage of Jamunabai, a bath was given to Gangubai as per custom and while giving bath, marks of violence was noticed on her back. When I enquired, about these marks, Gangubai started weeping but I inserted for information of these marks, Gangubai told me that she was beaten by her husband at the instigation of his parents and has further warned her not to disclose about this beating to anybody from her parents house. Gangubai told me that she was beaten by her husband because he was not given a bicycle and cash amount and is also not liked by him. I disclosed to my son Dnyanoba the information I had received from Gangubai, so Dnyanoba asked accused No.1 as to why he has beaten to Gangubai. Accused No.1 had told to Dnyanoba that he has beaten Gangubai because she does not behave as per his liking and does not cook the meals, properly. Accused No.1 thereafter immediately started for village Nannaj Cr.Appeal/160/1994 4 leaving Gangubai at our house. We have tried to prevent accused No.1 from leaving our house and also has requested him to take a meal but accused No.1 left our house without taking meals." (Emphasis supplied). 6. PW 5 Dnyanoba is brother, PW 8 Ramchandra is maternal uncle and PW 7 Siddheshwar is cousin of deceased. Version of all these three witnesses is in tune with what PW 4 Kashibai - mother of deceased has stated, as to what she had heard from Gangubai. 7. When the evidence is seen from any angle, it has no other worth other than of hearsay. All that can be said to be ocular evidence is that, weal marks on the body of deceased allegedly caused on the count of beating, were seen by PW 4 Kashibai. 8. The prosecution has failed to lead evidence in any other form to demonstrate that the ill-treatment was over the dowry related demands Cr.Appeal/160/1994 5 and it was of such a nature and extent that Gangubai would be driven to commit suicide. 9. In so far as abettment is concerned, no evidence whatsoever is coming forward. The prosecution is solely based on suspicion. 10. In the given situation, no other conclusion than those reached by the learned Sessions Judge would be permissible. 11. The appeal, therefore, having no merits, is dismissed. (A.R.JOSHI, J.) (A.H.JOSHI, J.) ... akl