1 Cri.Appeal No.243/1994 IN THE HIGH COURT OF JUDICATURE OF BOMBAY BENCH AT AURANGABAD CRIMINAL APPEAL NO.243/1994 The State Through Police Station Umri, Tq. Bhokar, Dist.Nanded (MS) = APPELLANT VERSUS 1) Madhav s/o Kachraji Wahinde Age: 20 Yrs., occu. Agril. 2) Kachraji Tukaram Wahinde Age: 50 Yrs., occu. Agril. Both residents of Hangirga, Tq.Bhokar, Dist.Nanded. = RESPONDENTS ... Mr.NB Patil, APP for Appellant/State; Mr.VD Patnoorkar, Advocate for Respondent Nos.1 and 2. ----- CORAM : A.H.JOSHI & A.R.JOSHI,JJ. DATE : 22nd September, 2011. ORAL JUDGMENT (PER:-A.H.JOSHI,J.) 1) The accused persons were tried for 2 Cri.Appeal No.243/1994 commission of offence under Sections 498-A r/w Section 34, 304-B r/w 34 and Section 306 r/w 34 of Indian Penal Code. 2) The prosecution story is that, the accused had ill-treated deceased – Renukabai @ Kamlabai wife of accused No.1. The ill-treatment was over dowry related demand, i.e. unpaid dowry amount of Rs.3,000/- 3) The prosecution has relied upon four witnesses. These witnesses are :- (i) PW No.1 – Sadashiv Ramji Gade – the complainant – father of the deceased. (ii) PW No.2 – Chautrabai w/o Sadashiv Gade – mother of the deceased. (iii)PW No.3 – Digambar Laxman Kolte – village from village Chilpipri and (iv) PW no.4 – Datta Munjaji Shinde – brother in law of PW No.1 4) Heard learned APP and perused the testimonies of all witnesses. 5) PW Nos.3 and 4 deposed the facts what they had heard in so far as ill-treatment to the deceased is concerned. They even did not say that deceased Renukabai @ Kamlabai had told them any details of ill-treatment subjected by the accused. 3 Cri.Appeal No.243/1994 6) Remaining witnesses are PW No.1 – Sadashiv and PW No.2 – Chauthrabai. Their versions are identical, contradictory and concocted. 7) PW No.1 has narrated in the Examination- in-chief, which portion is quoted, at verbatim, as follows:- "1.........At the time of settlement of marriage, Rs.15,000/- dowry was agreed, out of the same dowry, Rs. 12,000/- were paid to the accused at the time of marriage. I was to pay Rs.3,000/- out of dowry amount to accused No.1. After marriage, deceased Renukabai went to the house of accused pesons. For the first one year, she was treated well by the accused. When at the time of first Diwali, Renukabai came to my house. She told us that she is being harassed by the accused. For want of remaining dowry amount. She told us that accused pesons are beating her and harassing her. I consoled her and sent her back to the house of the accused. I told her that I will pay the remaining amount later on. Thereafter, at the time of Holi festival Renukabai was brought to my house That time also she told us that she is being harassed by the accused persons for want of remaining amount. That time also, I persuaded her and consoled her and promised that I will pay the amount and sent her to the house of the accused. Thereafter, for last Diwali I brought Renukabai to my house at that time also she told us 4 Cri.Appeal No.243/1994 that she is being harassed by accused for want of dowry amount. I consoled her and took her to the house of accused persons. I further told both the accused that I will pay the amount at the time of harvest, and returned to my house. Thereafter, my daughter committed suicide by consuming poison........" 8) The under-lined portion in the testimony of PW No.1, stated above, shows that she (Renukabai @ Kamlabai) told them about the ill- treatment at the hands of the accused. 9) The testimonies are totally absent as to the nature of ill-treatment, its extent, magnitude etc. 10) The prosecution has left all these matters to imagination of the court. In absence of evidence as to the fact that the deceased was ill-treated over dowry related demands and the ill-treatment subjected to the deceased was of such nature and extent that the victim was driven to commit suicide or bodily injury, as contemplated by Section 498-A of IPC. 11) As stated above, the fact that the nature of ill-treatment and extent thereof given to the deceased by the accused persons was totally absent. 5 Cri.Appeal No.243/1994 12) In the result, we find that the appeal has no merit and the same is dismissed. sd/- sd/- (A.R.JOSHI,J.) (A.H.JOSHI,J.) bdv/ Authentic copy (BD VADNERE,PS)