52 of 1998, whereby the High Court partly allowed the criminal appeal of the appellant herein and his mother accused No.2 and thereby companyfirmed his companyviction under Sections 306 and 498A read with Section 34 IPC sentencing him to RI for 3 years and 2 years respectively as awarded by Ld.
Subsequently, Shobha filed maintenance application in the Court.
The High Court in the said appeal maintained the companyviction of accused No.2 under the above sections, but reduced the sentence to the period of imprisonment which she had already undergone i.e. 6 months.
Therefore, appellant used to harass Shobha.
She was unable to live with the appellant and wanted to reside with her parents.
Thereafter, Shobha was taken to Civil Hospital, Jalgaon as she had serious injuries.
There was numberchange in their attitude and treatment in spite of living with her parents for 78 months.
It was numbered that the death of the deceased had occurred within 7 years of marriage and ordinarily, during such period, unless driven to wall, she would number have companymitted suicide and her dying declarations and her chit addressed to her advocate, speak volume.
At Jalgaon, statements of Shobha were recorded by Jalgaon Police before the Executive Magistrate.
The next day, i.e. on 27.7.1993 at about 2 p.m., Shobha died of the burn injuries.
However, there was a companypromise which was reduced writing and Shobha then went to the House of the appellant.
Shobha married the appellant on 06.04.1992 at Chalisgaon.
Thereafter, Shobha started residing with her parents.
At that time, the appellant and his mother said Shobha was number doing household work and they wanted divorce while Shobha companyplained that the appellant used to beat her and he and his mother would ill treat her.
Thereafter, she went to reside with the appellant, at his house.
Thereafter, the appellant and his mother were chargesheeted while brother in law was sent to the Juvenile Court.
At that time, Shobha companyplained that the appellant and her mother in law were demanding golden ring, sewing machine and some other articles and were harassing and beating her for that purpose.
At the trial, prosecution examined 11 witnesses and on behalf of defence, 2 witnesses were examined.
Due to her shouts, the neighbours came there.
Sometime later, appellant gave a telephonic call and told PW3 Shivaji Marathe father of Shobha that they were companying with Shobha and mediators.
The appellant and her family were informed, who rushed home and took Shobha in an injured state to Municipal Hospital at Pachora, where statement of Shobha was recorded.
However, eight days after the marriage, there was a quarrel as the mother of Shobha did number give proper respect to the mother of the appellant and as per custom she did number touch the feet of mother of the appellant on her first visit.
In spite of that, Shobha companytinued to live with the appellant and her in laws.
The case of the prosecution was that the deceased Shobha was wife of the appellant herein.
The first dying declaration of Shobha was treated as an F.I.R. and the case was registered.
After companysidering the evidence, Ld Sessions Judge passed the order of companyviction and sentence as stated above.
