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2008 DIGILAW 838 (BOM)

State of Maharashtra v. Navnath Eknath Jaigude

2008-06-19

V.K.TAHILRAMANI

body2008
Judgment :- P.C.: 1. The applicant-State of Maharashtra has filed this application for leave to file appeal against the judgment and order dated 28th February, 2006 passed by the learned IIIrd Ad-hoc Additional Sessions Judge, Satara in Sessions Case No.48 of 2005. By the said judgment and order, the learned Sessions Judge acquitted the respondent-orig.accused of the offence under Sections 498-A and 306 of IPC. 2. The prosecution case is that the respondent-original accused was married to Manisha (deceased). After the marriage the accused demanded money from the parents and brother of Manisha. As the demand was not met, he harassed and ill-treated Manisha, due to which she committed suicide on 17th December, 2004 by jumping into a well. 3. Heard the learned APP for the applicant-State. Perused the judgment and order of the learned Sessions Judge as well as the evidence which has been produced by the learned APP. 4. The defence of the accused is that it was not a case of suicide but it was a case of accidental death. The defence is that Manisha had gone to wash clothes at a well in the village and at that time she slipped and fell into the well and hence she drowned. It is an admitted fact that Manisha did not know swimming. According to the prosecution the death was suicidal. However, according to the defence the death was suicidal. 5. The well in which the body of Manisha was found is just next to the residential vasti of one Satish Tukaram. The village cultural building is to the west of the well. PW-1 Ashok has stated that all the ladies of the village used to go to the said well for washing clothes. The well is not a constructed well and it does not have any structures or any wall. A bucket containing clothes was seen at the well and another bucket was found in the well. If Manisha wanted to commit suicide, she would not have carried along with her two buckets i.e. one containing clothes and another empty bucket. Moreover, if Manisha wanted to commit suicide she would not have chosen a well which was visible to all the villagers. It has come on record that the well is just near the village public road i.e. Bopegaon-Wai road, which road is on the northern side of the well. Moreover, if Manisha wanted to commit suicide she would not have chosen a well which was visible to all the villagers. It has come on record that the well is just near the village public road i.e. Bopegaon-Wai road, which road is on the northern side of the well. As already stated earlier, the village cultural building is to the west of the well. From the evidence of the witnesses, it is seen that a large number of persons used to passby the road next to the well. Hence, if Manisha wanted to commit suicide she would not have chosen such a spot which was visible to all. Moreover, finding of bucket of clothes next to the well and a bucket floating in the well when the body of Manisha was found indicates that it was a case of accidental death. 6. As far as cruelty is concerned, only vague and general allegations have been made by the witnesses. It is pertinent to note that PW-2 Mahesh who is the brother of Manisha has stated in his evidence that the accused frequently used to visit his house at Mumbai and used to demand money for doing business and he gave Rs.21,000/- to the accused from time to time. However, PW-2 Mahesh and PW-5 Shripati Bhilare father of Manisha have admitted in their cross-examination that their financial condition is so weak and they were maintaining themselves by doing labour work. PW-3 Anand also admitted in his cross-examination that PW-5 complainant Shripati Bhilare is maintaining himself by doing labour work. Considering their evidence, it appears difficult to believe that the accused demanded money from them and the witnesses gave them money. 7. It is well settled that each and every harassment is not sufficient to hold the accused guilty, but it is only harassment, which ultimately forces the deceased to commit suicide which is material and can be taken into account. In the present case the cruelty mental and physical ill-treatment and harassment alleged by the prosecution is vague and general in nature. 8. Looking to the evidence on record I am of the opinion that the view taken by the learned Sessions Judge is a reasonable and possible view. Hence, no interference is called for. Application for leave to file appeal is rejected.