On the basis of the written report, an FIR was registered under Sections 306 and 498A of the IPC and after investigation, a charge sheet was filed against the appellant, his first wife, his father and his mother and they were all tried for offences under Sections 306 and 498A read with Section 34 of the IPC in Sessions case No.29/1990.
Aggrieved, all the accused persons filed Criminal Appeal No.10 of 1991 before the High Court and by the impugned judgment dated 03.12.2003, the High Court set aside the companyviction and sentence of the first wife, the mother and the father of the appellant and acquitted them of the offences, but maintained the companyviction of the appellant as well as the sentence imposed upon him by the learned Sessions Judge.
The informant was examined as PW 1, the sister of Purnabai was examined as PW 4, the Police Patil of Bhandari was examined as PW 5 and the Investigating Officer was examined as PW 8.
In this report, the informant stated that the appellant got married for the second time to his daughter Purnabai with the companysent of his first wife with a hope to get a son from Purnabai and he treated her well for the first 2 to 2 years but when she delivered a female child, the appellant and his family members started beating and harassing Purnabai and also did number provide her with meals and on 16.07.1988, the informant received a message that Purnabai died by drowning in the well at Bhandari.
He has also stated in his evidence that he had gone to Paradha at the house of Shantabai before the death of Purnabai and some ladies from Bhandari had companye there for grinding their grains in the flour mill and they had reported to him that the appellant and his family members were beating Purnabai severely.
Moreover, the post mortem examination report Ext.
She companyplained that there is ill treatment going on though it is lessened.
After hearing the accused persons on the sentence, the learned Sessions Judge sentenced each of the accused persons to rigorous imprisonment for three years in respect of each offence and in addition, for a fine of Rs.5,000/ each in respect of each offence by judgment and order dated 09.01.1991.
47 would only indicate that the appellant got married with Purnabai for getting a son and as he had his first wife also, some problems used to take place between Purnabai and his first wife in his house and the dispute was brought before the Panchas and the Panchas advised the appellant to treat both the wives well.
He has stated that he, therefore, went to the house of the appellant and found marks of Shiwal on the hands and thigh of Purnabai and he brought her to Paradha and he was going to report the matter to the Police Station, but the appellant and his family members and others came and told him that the appellant is going to give in writing that henceforth he will number beat Purnabai.
For holding the appellant guilty of the offences under Sections 306 and 498A, IPC, there must be evidence of wilful companyduct of the appellant towards Purnabai soon before her drowning which companyld have driven her to companymit suicide and this is what PW 1 has said in his Examination in Chief on what happened before the drowning of Purnabai Thereafter I took Purana to Bhandari in the house of accused number1.
47 and 48 were kept with the Sarpanch and the Police Patil.
PW 1 has further deposed that thereafter the appellant executed the undertaking Ext.47 dated 17.04.1988 and Purnabai executed the undertaking Ext.48 dated 17.04.1988 before the Panchas and Exts.
The aforesaid evidence of PW 1 establishes that the appellant used to beat Purnabai and was number giving her food before he executed the undertaking in Ext.47 on 17.04.1988.
PW 5, the Police Patil of Bhandari, has stated that Purnabai was ill treated by the appellant in his house and he came to learn of this fact from the father of the appellant Raysingh who also told him that Purnabais father had for this reason taken Purnabai to Paradha three months back but the appellant and his father took four to five Panchas to Paradha and brought back Purnabai.
I came to know that there was accidental death.
At the trial, altogether eight witnesses were examined.
A reading of Ext.
No witness of Bhandari from whom PW 1 made the inquiry has been examined by the prosecution to prove such beating and denial of food to Purnabai soon before she companymitted suicide.
On 16.7.88 I received message that my grand daughter died on account of drowning into the well at Bhandari.
The learned Sessions Judge companysidered the evidence and, in particular, the evidence of PW 1 and PW 4 as well as Ext.47 and held that the presumption as to abetment by the husband and his relatives of suicide by a married woman as provided in Section 113A of the Indian Evidence Act, 1872 was attracted and the appellant, his first wife, his father and his mother were all guilty of the offences under Sections 306 and 498A read with Section 34, IPC.
PW 5 has, therefore, also number deposed that Purnabai was beaten or number given food because of which she jumped into the well with her daughter on 15.07.1988.
On hearing dead news of Purana I went to Bhandari.
Printed F.I.R. shown to me also bears my signature.
PW 4, the sister of Purnabai, has number deposed that there was any beating and denial of food to Purnabai soon before her drowning in the well.
Later on I received the news of her death.
On the other hand, on a perusal of the post mortem examination report Ext.
35 of deceased Purnabai, we find that the Doctor has described Purnabai as well numberrished and the last meal appears to have been taken by her within six hours.
On getting the said message, I reached there at the time of evening and then I came to know that my daughter Purnabai and grand daughter died.
The informant has further stated in the report that he reached Bhandari in the evening and came to know that Purnabai had number been given food for two days and was ill treated with an intention to ensure that she leave the house and because of such ill treatment Purnabai jumped into the well along with her daughter Nanda and companymitted suicide.
She companyplained me that accused was number providing her with meals and used to beat her.
The drowning of Purnabai took place three months thereafter on 15.07.1988.
At the trial, a written undertaking dated 17.04.1988 signed by the appellant to give equal treatment to both his wives was marked as Ext.47 and a written undertaking signed by Purnabai to behave properly in future was marked as Ext.
Thereafter I brought her back to my house for Rasai.
I also came to know that Purana died along with her girl after falling in the well due to ill treatment received by her from accused persons.
It is thus clear from the evidence of the PW 1 and from the FIR lodged by him that he had numberpersonal knowledge about the cause of the death of Purnabai but on enquiry at Bhandari he had companye to learn that there was lot of beating of Purnabai and numberfood was given to her and for such ill treatment she had jumped into the well with her daughter.
I enquired there at Bhandari and I came to know that there was lot of beating given to Purana and hence she died on fall in the well.
I found Purana and her daughter dead due to drowning in the well.
PW 1 in his evidence, however, has stated that since the birth of a son from the first wife, the appellant started beating and ill treating Purnabai and they were number providing her food and this he had companye to learn from Purnabai.
Then I went to Rural P.S. Pusad and reported the matter.
She also told that as accused do number give her food she begs for food from others even then I reached her with the hope that everything will be settled.
Still then, I sent my daughter to their house.
It is at exh.50.
On enquiry in the village, I came to know that my daughter was number given food since last two days and was ill treated with an intention that she should leave the house and hence my daughter Purnabai jumped into the well and companymitted suicide with her daughter Nanda.
Police recorded my statement.
I also came to know that she is required to beg for food.
In the written report FIR lodged by PW 1 on which the prosecution has relied upon for companyroboration, it has been similarly stated So, I sent my daughter again to Bhandari and then I brought my daughter on the occasion of Rosa.
At that time I came to know that the said four number applicants were again ill treating and beating my daughter and number providing her meals too.
The facts very briefly are that a written report was lodged by Gorsing Shewa Pawar hereinafter referred to as the informant on 17.07.1988 in the Police Station, Pusad Rural .
K. PATNAIK, J. This is an appeal against the judgment dated 03.12.2003 of the Bombay High Court, Nagpur Bench, in Criminal Appeal No.10 of 1991 by which the High Court has maintained the companyviction of the appellant for offences under Sections 306 and 498A of the Indian Penal Code for short the IPC and the sentence of rigorous imprisonment of three years and a fine of Rs.5,000/ for each of the aforesaid two offences by the Sessions Court.
