Raosaheb Pandharinath Wagh vs The State Of Maharashtra
2021 Latest Caselaw 3521 Bom

                                                                    13-IA-688-2020.odt
Shambhavi
N. Shivgan
                       IN THE HIGH COURT OF JUDICATURE AT BOMBAY
Digitally signed by
Shambhavi N.                CRIMINAL APPELLATE JURISDICTION
Shivgan
Date: 2021.02.25
14:40:41 +0530                  INTERIM APPLICATION NO.688 OF 2020
                                                IN
                                  CRIMINAL APPEAL NO.216 OF 2020

                      Raosaheb Pandharinath Wagh              ... Applicant
                           Vs
                      The State of Maharashtra              ... Respondents
                                               ...

Mr. R.N.Gite for the Applicant.

Mrs. Sharmila Kaushik, APP for the Respondent-State. PSI Pundlik Pawshe attached to Pimpalgaon P.Stn. Present.

CORAM : SANDEEP K. SHINDE J.

DATE : 24th FEBRUARY, 2021.

P.C. :

Heard.

2 Accused No.1 in Sessions Case No.46 of 2012 has

been convicted of the ofences punishable under Sections

306 and 498A of the Indian Penal Code, 1860 and

sentenced to sufer rigorous imprisonment for ten years for

the ofence punishable under Section 306 IPC and three

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years rigorous imprisonment for the ofence punishable

under Section 498A of the IPC. Applicant's brother, mother

and father were acquitted of the ofence punishable under

Section 306 of the IPC but convicted for the ofence

punishable under Section 498A of the IPC by the judgment

and order dated 30th December, 2019.

3 This Court has suspended the substantive

sentence imposed on mother, father and brother of the

applicant.

4 Pending trial, applicant was on bail and he has

not misused the liberty.

5 In an unfortunate incident, occurred in March,

2012, applicant's wife and his two minor children,

committed suicide in a well near the feld of the applicant.

The alleged incident had taken place in the early morning

at around 5 a.m. Applicant's father-in-law had fled the

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complaint and alleged that the deceased committed suicide

owing to constant ill-treatment meted out to his daughter

by applicant and her in-laws for not bringing Rs.50,000/-

from her parents. It is alleged, accused were demanding

Rs.50,000/- from the deceased required for digging the well.

6 Minor son and daughter of the applicant were 9

years and 11 years old respectively as on the date of the

incident. Applicant's marriage with deceased was

solemnised twelve years prior to the incident.

7 I have perused the testimonies of father and the

brother of the deceased. Their evidence do not suggest or

establish that the accused kept on irritating or annoying

deceased by words or deeds, which left her with no option

but to commit suicide. In the testimony, the father and the

brother of the deceased made vague allegations of,

unlawful demand but the evidence suggests that

agricultural land of the applicant was well irrigated. Thus,

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unlawful demand of Rs.50,000/- required for digging

appears not probable. There is no other evidence on record

to suggest that the deceased faced persistent cruelty or

harassment from her husband.

8 Thus, in consideration of the evidence on record

and the fact that pending trial, the accused had not

misused the liberty, sentence imposed in the Sessions Case

No.46 of 2012 by the Additional Sessions Judge, Niphad on

the applicant stands suspended and he is directed to be

released on bail on the same terms and conditions as while

he was on bail but with fresh sureties.

9 Application is allowed and disposed of.

                                (SANDEEP K. SHINDE, J.)




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