Criminal Appeal No. 604 of 2004 · Bombaybench High Court
Case Details
2024:BHC-AUG:23221 {1} CRI APPEAL 604 OF 2004IN THE HIGH COURT OF JUDICATURE AT BOMBAYBENCH AT AURANGABADCRIMINAL APPEAL NO. 604 OF 2004Rajendra S/o Shivaji PatilAge: 35 years, Occu.: Agriculturist,R/o. Talai, Tq.Erandol,Dist.Jalgaon...Appellant (original Accused)VersusThe State of Maharashtra..Respondent …..Advocate for Appellant : Mr. Paresh B.Patil (Borse)APP for Respondent no.1 : Mrs.Chaitali Chaudhari -KuttiAdvocate for Respondent no.2 : Mr.Bipinchandra K.Patil ….. CORAM : ABHAY S. WAGHWASE, J. RESERVED ON : 19 SEPTEMBER, 2024 PRONOUNCED ON : 01 OCTOBER, 2024 JUDGMENT :- 1. Appellant, husband of deceased Swati, was chargesheeted andtried alongwith his family members i.e. accused nos.2 to 4, forcommission of offence under Sections 498-A and 306 read with 34 ofthe Indian Penal Code (IPC) by 4th Adhoc Additional Sessions Judge,Jalgaon, vide Sessions Case no.2 of 2002 and he alone was heldguilty of both charges vide judgment and order dated 26-08-2004, which is assailed herein now. {2} CRI APPEAL 604 OF 2004 PROSECUTION CASE IN BRIEF 2.Deceased Swati was married to appellant Rajendra (originalaccused no.1) on 01-05-1997. At that time, accused was in service atChakan, Dist.Pune, whereas his native was at Talai. Even deceasedSwati worked as Operator at Chichwad, Pune. According toprosecution, barely after 8-10 days of marriage, appellant husbandbeat Swati and drove her out of the house. Father informant PW4went and dropped her to appellant. Thereafter, also whenever shecame, she reported beating by husband and about husbandpressurizing her to quit the job. As she was taken for Diwali at Talai,her employer made her to resign. When mother-in-law came,husband beat Swati for not giving breakfast to his mother atappropriate time. Understanding was given to the accused by heruncle. Appellant also subsequently lost job and therefore, he broughtSwati to Talai. Informant received letters from Swati conveying ill-treatment at the hands of parents-in-law and about demand ofRs.40,000/- for arranging employment of his husband. Appellanthusband again beat her in June 1998. Inspite of Swati deliveringmale child, husband and in-laws did not come to see her or the child.Subsequently, husband demanded Rs.40,000/- to the informant forthe job. Informant managed to give Rs.15,000/-, but appellant quit
Legal Reasoning
{3} CRI APPEAL 604 OF 2004said job also. During her life time, Swati wrote three letters i.e. toinformant father PW4 Bhagwat and to her uncle PW8 Pundlikconveying ill-treatment and demand. On 24-09-2001 news wasreceived that Swati was serious. When it was learnt that she dieddue to consumption of poison, father lodged report exh.56. PW11 Nilkantha Patil (API), who was entrusted withinvestigation, after gathering evidence, chargesheeted accused andon trial, accused nos.2 to 4 were acquitted from all charges, butaccused no.1 - husband alone was held guilty. Appellant husband hastherefore, preferred instant appeal. SUBMISSIONSOn behalf of appellant :3.Learned counsel for appellant would submit that here there isno convincing, cogent evidence either on charge of Section 498-A orSection 306 of the IPC. He pointed out that there is only evidence ofPW4 father and PW8 uncle and alleged letters written by deceased,but according to him, even so much evidence is ambiguous and notsufficient to establish guilt. Learned counsel took this court throughtestimony of PW4 father and PW8 uncle and even answers given bythese witnesses in cross-examination and would submit that they {4} CRI APPEAL 604 OF 2004both are not consistent and there are variances on material counts.Pointing out to the letters, he submitted that contents of the lettersdo not suggest that there was any cruelty, ill-treatment on anydemand, on the contrary, letters show well being of deceased. 4.Learned Counsel also took this Court through evidence of twoladies i.e. PW9 Kantabai and PW10 Sulbha, neighbours andsubmitted that their evidence is not trustworthy. Their statementsare recorded at belated stage and moreover, they have improvisedtheir version. That their evidence is also ambiguous about ill-treatment and harassment and therefore, such evidence ought not tohave been relied. Therefore, it is his submission that evidence ofprosecution is lacking the essential ingredients for attracting Section498-A of the IPC.5.He pointed out that, there is no evidence in support of chargeof Section 306 of the IPC also. He would submit that unless there isevidence suggesting inducement, abetment or enticement or meetingout cruelty of such nature that Swati was left with no otheralternative but to end up her life, said charge cannot be fasten.According to him, there is no iota of evidence in above aspect. He {5} CRI APPEAL 604 OF 2004submitted that there is no evidence to show that any positive oractive role has been played by appellant accused in allegedconsumption and therefore, he questions the impugned judgmentand prays to set aside the same by allowing the appeal. On behalf of State :6.Per contra, learned APP submitted that prosecution hasestablished charge by examining PW4 Bhagwat, father, PW8 Pundlik,uncle as well as two independent ladies i.e. PW9 Kantabai and PW10Sulbha to whom deceased promptly reported beating, ill-treatmentand demand. That there was continuous harassment. Learned APPsubmitted that, deceased also wrote letters to PW4 father and PW8uncle conveying ill-treatment. That said letters were seized byinvestigating machinery. That text of letters clearly suggests mal-treatment. That there is evidence that husband beat Swati with belton petty counts for not giving breakfast to mother-in-law. That suchinstances were promptly reported by her to her father and uncle.Therefore, according to learned APP, there is more than convincingevidence suggesting cruelty. On the point of suicide, she would submit that only because ofabove harassment, ill-treatment and beating, Swati was compelled to {6} CRI APPEAL 604 OF 2004end up her life. That she has committed suicide by consumingpoison. That there was no other reason for her to commit suicideand appellant husband being solely responsible, according to learnedAPP, he is rightly held guilty and convicted too and hence, favouringthe judgment to be correct and proper, she prays to dismiss theappeal. WITNESSES IN TRIAL COURT7.In support of its case, prosecution has adduced evidence of inall eleven witnesses. Their status and role is as under :PW1 Feroj Rais Ahmad Shaikh, Medical Officer and autopsy surgeon.His evidence is at exh.26.PW2 Subhash Shankar Patil, pancha to inquest panchamana exh.33.His evidence is at exh.32.PW3 Sunil Nawalsing Patil is Pancha to spot panchamana exh.35.PW4 Bhagwat Hari Choudhary is father and informant, who lodgedreport exh.56. PW5 Sanjay Badrinath Kathar is handwriting expert. His evidence isat exh.60.PW6 Narayan Gurupad Darphale is pancha to seizure of answer {7} CRI APPEAL 604 OF 2004papers exh.52 to 54. His evidence is at exh.79.PW7 Shaikh Gaffar Shaikh Nabab is pancha to seizure of documentsexh.82 and 83. PW8 Pundlik Hari Choudhary is uncle of deceased Swati. Hisevidence is at exh.84. PW9 Kantabai Ram Jadhav is a neighbour. Her evidence is at exh.86.PW10 Sulbha Shivaji Bodakhe, is another neighbour. Her evidence isat exh.87.PW11 Nilkantha Damodar Patil is Investigating Officer. His evidenceis at exh.91. EVIDENCE IN TRIAL COURT 8.Here there is oral evidence of PW4 Bhagwat, informant father,his brother PW8 Pundlik, and neighbours PW9 Kantabai and PW10Sulbha on the point of cruelty and therefore, said evidence is re-appreciated.PW4 Bhagwat, informant father, in his evidence at exh.37testified that after marriage of his daughter Swati with appellant on01-05-1997, she started residing at Pimpri, Pune. According to him,after 8-10 days of marriage, appellant husband beat her and droveher out of the house. That he himself went to drop her back to him.Then he stated that whenever she came to maternal house, she used {8} CRI APPEAL 604 OF 2004to tell that husband used to beat her. That he made her quit job.That as she went for Diwali and the native of husband, her employertook her resignation. That when mother-in-law came to reside,husband picked up quarrel for not giving breakfast to her on timeand beat her. That his brother Pundlik went and brought her to hishouse. That appellant husband came in his absence and took herback. That appellant husband lost job and therefore, he went toreside with her at Talai i.e. his native. From there, Swati wroteletters that she faced ill-treatment at the hands of mother-in-law,father-in-law and husband. According to him, there was demand ofRs.40,000/- for employment of husband i.e. in the year 1998. Hedeposed that he gathered the above facts from the letters receivedfrom her. That in June 1998, his daughter and appellant came backto Pune and resided at Pimpri as job was arranged for him and theywere residing in the same area where his brother PW8 Pundlikresided. According to this witness, there also husband beat her andshe reported it to his brother. At the time of pregnancy of Swati,husband and in-laws were intending to take her to Talai, but thiswitness claims that he did not permit and delivery was performed athis house. After delivery, none of the accused came to see hisdaughter and new born. He further deposed in paragraph 7 that {9} CRI APPEAL 604 OF 2004husband got job at Dombaon, Dist.Jalgaon in a Ashram School and atthat time, he demanded Rs.40,000/-, but he could give onlyRs.15,000/-. However, husband left that job also. That his daughterconveyed him by letter. That husband again took her to Talai at hisnative and from there Swati wrote letters and conveyed that mother-in-law asked them to reside separately or to leave their house. ThatSwati also conveyed that once earthen pot broke accidentally, buthusband beat her. That in August 2001 i.e. at the time ofRakshabandhan, when he and his son Sagar went to meet hisdaughter Swati, she told him that husband beat her and she wroteletter to that extent to her uncle also. He testified that his daughtertold that she faced ill-treatment from all four accused persons andthat she requested this witness to search job for both of them andeven handed over their educational certificates. He further testifiedthat on 24-09-2001, news was received that Swati was serious. Hemade phone call to one B.D.Patil of Talai and learnt that his daughterdied due to poison and so he went there. That post mortem wasalready done. He lodged report exh.56 alleging abetment of suicideby giving physical and mental torture. There is extensive cross-examination and therefore, onlyrelevant cross-examination is reproduced wherein he has admitted {10} CRI APPEAL 604 OF 2004that he was merely suspicious about death and he does not knowhow she going poisoned. He has admitted that first occurrence tookplace with his daughter during stay at native i.e. Talai and at thattime husband appellant did not have job. He answered that evenduring second occurrence, his daughter stayed at Talai but appellanthusband worked at Dombaon. He answered that in the month ofFebruary 1998 appellant husband came to reside back at Talai andthat was the first occasion after marriage and he had stayed for threemonths. Again he stated that in January 1999, appellant came toreside at Talai. He further admitted that on first occasion of stay ofaccused after marriage, his daughter Swati was with him, but in 1999she was not with him. His such answers suggest that she was put upwith PW4 father. He answered that after 3-4 months of his secondstay at Talai, accused put up demand of Rs.40,000/- but againcorrected himself and stated that after six months of his second stayi.e. in the month of June 1999, he put up demand directly byapproaching him at Pune. Then he stated that incident might be ofJune or July 1999. He admitted that his daughter Swati requestedhim to arrange job for appellant. In paragraph 14, he is unable tostate to whom Rs.40,000/- was intended to be paid by appellanthusband. He admitted that in letter of his daughter dated {11} CRI APPEAL 604 OF 200427-05-2001, which is at exh.50, she had asked to find job for her alsoat Pune. He admitted that exh.51, which is a envelop, bears postaldate as 12-06-2001 and he answered that in exh.50, his daughterconveyed that she was made to work by mother-in-law in the field inthe job of sowing for two days and therefore, her hands are swollenand she would also be made to do household work. He admittedthat in exh.57 Swati had written that there is “happiness” at Talai.He admitted that exh.55 is the last communication from his daughterSwati. He also answered that lastly Swati left for Talai from hishouse on 16/17th May 2001 and he went to meet her at Talai duringRakshabandhan, but thereafter, he could not meet her and he haddirect talks with Rajendra on 16/17th May 2001 at Chinchkheda.Following omissions are brought about meeting taking placebetween him and accused no.1 at Jamner and at Chinchkheda. Headmitted that after scribing complaint, its contents were read over tohim but he answered that he had not made any complaint aboutabsence of such facts in the FIR. He also admitted that there was nodemand of dowry from accused. Rest is all denial. 9.Another important witness for prosecution is PW8 Pundlik,uncle of deceased Swati, who at exh.84 deposed that after marriage, {12} CRI APPEAL 604 OF 2004appellant and his niece Swati cohabited at Pune for two years. Thatthey both lost job and therefore, they went back to Talai where sheresided with her in-laws and husband. According to him, while theyboth resided at Pune and at Talai, Swati used to visit him at Pune.That her married life was not happy. That she used to face ill-treatment, but he could not state how. He deposed that once hereceived letter from Swati while she stayed at Talai, which was apost-card, wherein she wrote that she faced ill-treatment at the handsof mother-in-law and beating at the hands of husband. Said post-card is at exh.55 wherein it was written that once earthen pot brokeand therefore, husband rebuked her and beat her. He handed oversaid post-card to Police. He received message that Swati was seriousand thereafter, message was received that she was dead.While under cross-examination, this witness answered thatafter receiving exh.55, he did not approach Police, but he did feelthat life of Swati was in danger. He admitted that he did not informhis brother i.e. father of Swati about receipt of letter or to bring herback from Talai nor suggested to go and meet her. He admitted thatafter receipt of letter, he could meet Swati at once in Pune but he isunable to state when and after how many days of receipt of letterand in which month. He admitted that exh.55 bears seal of Jalgaon {13} CRI APPEAL 604 OF 2004and he is unable to assign reason why seal of Post office Jalgaon isappearing on post-card. He also admitted that author or writer of theletter did not write date on the letter. Rest is all denial.Above is the evidence of relatives. 10.Now, evidence of independent witnesses needs to beappreciated i.e. PW9 Kantabai Ram Jadhav and PW10 Sulbha ShivajiBodakhe. PW9 Kantabai, neighbour, at exh.86 deposed that she knewappellant and his wife. That they resided in a room in her wardYamunanagar, Pune for 2-4 months. According to this witness, twice,thrice, Swati came running to her house due to beating by herhusband. That on the first occasion, she reported beating for triflereason. That on the second occasion, she asked to be saved as herhusband beat her on the point of giving breakfast and tea. That sheand other ladies gave understanding to him. While under cross-examination, she stated that she never metfather of Swati. That Police never recorded her statement, but statedthat they merely made enquiry with her. She admitted that she didnot feel it necessary to inform incidences to Police about saving life of {14} CRI APPEAL 604 OF 2004Swati nor she felt it necessary to inform it to father of Swati. Sheanswered that only when Police came, she learnt about death ofSwati i.e. after one month of death and she admitted that she did nottell Police that on two occasions Swati had asked her to save her.Rest all suggestions, she told that she is unaware about education,family of Swati, to which caste she belongs to. She is unable to givedates and month of incidences reported to her by Swati. PW10 Sulbha stated that house of appellant and Swati was5-10 minutes walk from her house. That she knew Swati even beforemarriage as her uncle resided in her neighbourhood. She deposedthat she could hear quarrel between accused and deceased and so feltthat there married life was not happy. That she used to hear shoutsand abuses and accused and cries of Swati. That once she peepedfrom window and saw Swati being beaten by appellant and on nextday Swati told her that husband beat her. While under cross-examination, omission is brought that Swatiwas on visiting terms with her. She answered that accused no.1 didnot like her visits to her house and she admitted that he used to askher not to peep in their house. According to her, accused did not treatthis witness well but Swati treated her well and due to affection with {15} CRI APPEAL 604 OF 2004Swati she came to depose. 11. Prosecution has also sought reliance on letters allegedlywritten by Swati to her father as well as her uncle i.e. exhibits 50, 55and 57. The said letters were admittedly sent to handwriting expertof which positive opinion has been received.It would be apt to reproduce the translated version of letterswritten by Swati, which are at exh.50, 55 and 57.“Exhibit Q-3 Exhibit: 5027-05-2001Greetings to mom and dad from Swati. Reason for the letter is, missed you all. So, I am writing the letter. Nikhilremembers everyone. On the day when mother and Sagar were coming toPune, received call from Daji (elder sister’s husband). Mother-in-law and I,we both are not in good terms with each other. Mother-in-law says, eithershe will not stay in this house or I will go somewhere else. Dada please findwork for him and me. We are ready to work. Please do this for me, I don'twant anything else. I will never forget your gratitude. Mother-in-law saysas sowing has started so I will send you to field. As I went to the field fortwo days, my hands became swollen. If I stay with my mother-in-law, shewill send me to the field and make me do household works too. Dada pleasethink of me. At least think of Nikhil. Pune's uncle said about that workshop,why not looking in that workshop? I really hope you will do something forme.Greetings to mom and Dad. Blessings to Sagar. Your daughter Sau. Swati Patil {16} CRI APPEAL 604 OF 2004 Signature of Panchas Date: 01/10/20011) Chaudhary2) Sheikh Nawab.”“Exhibit Q- 1 Exhibit: 55Greetings to Uncle and Aunt from Swati. Reason for the letter is, I had written two to three letters to Dada, but not asingle letter from Dada. Second thing that, my mother-in-law is babblingalways. Leave that. Even your son-in-law comes to beat me for some pettyissues. As earthen water pot broke out by me, he was hit hard in mystomach. He was strangling me and beating me, and they said that becauseyou have a son, you are worth it, otherwise, who asks you (in this house).Tell me Uncle what can I do? Is Jyoti’s exam over? Please inform whetherBharathi's college has opened?Your daughter Sau. Swati Signature of Panchas Date: 01/10/20011) Chaudhary2) Sheikh Nawab.Before me, sd/-API,Kasoda, P.S. Camp, Pune.” “Exh. Q-2Exh.57Greetings to Dada and Aai, from Swati.Reason for the letter is, we reached safely here. Don’t worry. Don't be angryeven if there is late for letter. Sushil bhau and Amrut are coming on 7th.Please send Niranjan’ s toy(Gadi) and there are toe rings at the velvet purseof Mai, send them too. We reached at 8.15 on Sunday. I waited for your call,but your call did not come. All is happy here. Please send Rs.10,000/- to {17} CRI APPEAL 604 OF 2004Amrit or Sushil if possible. We will not hold your money for long time.Cotton was sold but the rest of the money was cut off by the society and Iam telling you this because of the difficulty. But preferably send money toAmrit or Sushil and convey me the date of House warming ceremony. Howis the study of Sagar and Mai? Convey me the result of Mai if it is declared?I want to tell Sagar to study hard, as the exam is one month away. Niranjanwas continuously crying for two-three days. Everyone's faces seemed new tohim. There is a programme on 7th on the occasion of Dharmabeej at ourplace. Every year 100 to 200 people have food from us on this day. I missyou all. For two or three days I was bored. Niranjan’s health is fine. PratibhaAkka will go on 11, 12th to his home at Sonwad. Their salary will start in themonth of March. Greetings to Dada and Aai from Swati. All is well here.Don’t worry. Blessings to Sagar and Mai. Send a reply to the letter as soon asthe letter is received. Sorry for any mistake. Yours daughterSau. Swati Rajendra PatilExhibit No. 57Proved by PW-1Bhagwatsd/-05.05.044th Adhoc ASJ”(As translated by Sr. Translator, High Court, Aurangabad) ANALYSIS 12.On carefully sifting evidence of PW4 Bhagwat, father and PW8Pundlik, uncle, it is clearly emerging that marriage of appellanthusband with deceased Swati is of 01-05-1997. PW4 Bhagwat,father’s evidence shows that, that time appellant husband as well ashis daughter were at job where father himself resided. He deposed {18} CRI APPEAL 604 OF 2004that after 8-10 days after marriage, his daughter was beaten anddriven out of her house, but he himself went and dropped her back toappellant no.1. Then he stated that his daughter used to come andtell him about beating. When this beating was given has not beenclarified by him. He alleges that appellant no.1 made her quit thejob, but then stated that when she went for Diwali at Talai withhusband, her employer sought her resignation and therefore, theyshifted to Yamunanagar. Then he stated that “once she came andtold that appellant husband beat her by catching her hairs”, butwhen such episode happened is not clarified by him. Then he allegesbeating for not giving breakfast to mother-in-law, but even when thisepisode took place has not come on record. He then further statedthat accused lost his job and after staying at Pune for some period,they came back to Talai and from there, she wrote letters to him andhis brother and he claims that there she faced ill-treatment at thehands of parents-in-law, sister-in-law and husband. What was theexact ill-treatment, its form and by which of the accused, has notbeen stated. Rather he levelled general, vague and omnibusallegations in that regard. He is also not sure about demand ofRs.40,000/- because, he deposed that there was demand of saidamount for getting employment or for business. All this he claims to {19} CRI APPEAL 604 OF 2004have learnt on the basis of letters received in 1998. In June 1998,they both came to Pune as job for appellant was arranged in aneducational institution and during their stay at Rubinagar, he allegesthat Swati was facing beating for getting less salary and such fact wastold by Swati to his brother Pundlik i.e. PW8 and not directly to him.13.He claims that because of severe beating, she was treated, butthere is no supportive material about injuries and receivingtreatment. Admittedly, appellant and deceased had a baby boy, whowas delivered in April 1999. Paragraph 10 of his cross-examinationdiscussed above shows that he had visited Swati in August 2001 atthe time of Rakshabandhan and he alleges that husband beat her, butalso stated that during such visit, both his daughter and accusedhusband requested him to arrange job for both of them and evenreceived their educational qualification certificates. Apparently hehas not questioned appellant husband for beating.Directly news was received about Swati to be serious on24-09-2001. Therefore, after the festival of Rakshabandhan inAugust month, during the end of month of September, news wasreceived. Resultantly, there is a gap of almost one month sinceinformant met his daughter. He has admitted in paragraph 16 of {20} CRI APPEAL 604 OF 2004cross-examination that after Rakshabandhan he could not meet hisdaughter. Such answers clearly show that general and vagueallegations of offence under Section 498-A of the IPC are directedagainst husband intermittently and not consistently. As stated above,except letters, which were allegedly source of information, there isnothing substantial in support of allegation of beating. Apparentlyonly one instance of beating is quoted i.e. after 8-10 days ofmarriage. 14.PW8 Pundlik, uncle of deceased, in examination-in-chief itselfhas merely stated that marital life of Swati was not happy and thatshe faced ill-treatment, but he cannot say how. He once receivedpost-card letter from her. Therefore, PW8 brother of PW4 informantand uncle of deceased Swati, is apparently not deposing in themanner in which his brother PW4 has deposed. He has also notstated what PW4 stated that because of beating, his brother went andbrought her to his place or that after beating she went and stayedwith him. Consequently, there is no corroboration to the testimony ofPW4 informant from his own brother PW8, who in examination-in-chief itself is unable to state manner or reason of ill-treatment. {21} CRI APPEAL 604 OF 200415.As regards to evidence of PW9 Kantabai is concerned, thisneighbour make a vague allegation that twice thrice Swati came toher on account of beating by husband for trifle reasons, but in cross-examination, she admitted that Police did not record her statementand she admitted in paragraph 4 of cross-examination that she didnot tell Police that on such occasions of beating Swati told her to saveher. 16.Likewise PW10 Sulbha merely deposed about quarrel andtherefore, she formed opinion that married life of Swati was nothappy. She is unable to give background of the quarrel.SUMMATION17.To sum up, oral evidence of PW4 Bhagwat, PW8 Pundlik, PW9Kantabai and PW10 Sulbha is either weak or full of vague, general,omnibus allegations. 18.If we appreciate the letters, which are reproduced as statedabove, it is clearly emerging that letter exh.50 is addressed to PW4father and text of the letter reproduced above shows that she merelyconveyed that she and her mother-in-law are not on good terms. She {22} CRI APPEAL 604 OF 2004has not alleged beating by husband. On the contrary, she claims tohave requested father to arrange job for both of them.Similarly, exh.55, which is undated and which is addressed toPW8 uncle, she has categorically conveyed that inspite of writing 2-3letters to PW4, her father, he had not responded. She levelledallegation against mother-in-law and stated that husband beat her onpetty count. When she was beaten in not conveyed. In said letter,there is allegation of strangulating her, but PW4 father has notuttered anything of such nature.In exh.57 addressed to father, she seems to be conveyed aboutreaching safely, seeking excuse for writing late letter and alsoconveyed that all are happy and further to send Rs.10,000/- ifpossible and conveyed that it will be repaid soon. Thus, vide thisletter, she has also not conveyed about beating, ill-treatment orharassment at the hands of husbandConsequently, as regards to evidence in the forms of letters isconcerned, two are apparently undated. In one letter, deceasedseems to have conveyed her well being and happiness and only touncle she seems to have conveyed beating on petty count. Marriageis admittedly of 1997 and one letter is of 2001. Therefore, saidcommunication is after four years. Resultantly, allegations of beating {23} CRI APPEAL 604 OF 2004are not apparently continuous on incessant in nature so as to attractoffence under Section 498-A of the IPC.19.As regards to offence under Section 306 of the IPC isconcerned, though consumption is of 24-09-2001, prosecution hasnot proved whether said consumption was accidental or suicidal.There is no material suggesting any instances amounting toabetment, inducement to commit suicide taking place at Talai eitherin the morning of 24-09-2001 or previous night. Admittedly on24-09-2001, AD case was registered bearing No.23/01. To imputecharge of abetment or commit suicide, roles of appellant are requiredto be crystallized. Going by the story of the prosecution also,presumption available under Indian Penal Code cannot be broughtinto play. Learned trial Court, on same set of evidence, has convictedhusband alone and acquitted in-laws. Therefore, case forintervention at the hands of this Court is made out. Accordingly, Iproceed to pass following order.ORDERI)Criminal Appeal No.604 of 2004 is allowed. {24} CRI APPEAL 604 OF 2004II)The conviction awarded to appellant – Rajendra ShivajiPatil in Sessions Case No.2 of 2002 by the learned 4th AdhocAdditional Sessions Judge, Jalgaon on 26-08-2004 for theoffence punishable under Sections 498-A and 306 of the IndianPenal Code, stands quashed and set aside. III)The appellant stands acquitted of the offence punishableunder Sections 498-A and 306 of the Indian Penal Code.IV)The bail bonds of appellant stand cancelled. V)The fine amount deposited, if any, be refunded to theappellant after the statutory period.VI)It is clarified that there is no change as regards the orderin respect of disposal of muddemal. ( ABHAY S. WAGHWASE ) JUDGE SPT