Beruflich Dokumente
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94apeal
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.....Appellant
....Respondent
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JUDGMENT:
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(A) of Indian Penal Code and is sentenced to suffer rigorous imprisonment for
one year and pay fine of Rs. 500/- i.d. to undergo rigorous imprisonment for
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Appellant herein was charged for offences punishable under sections 323, 504
& 328 of Indian Penal Code, however, he is acquitted for the said charges.
Being aggrieved by the Judgment of conviction, appellant has preferred this
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appeal.
Such of the facts which are necessary for the decision of this appeal are
as follows.
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maternal house for a short period. That Laxmibai was crippled by one leg and
she was polio stricken. She happened to be a distant relative of the present
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appellant and both the family members were well acquainted with each other.
It is alleged that on 07/02/1994, Laxmibai approached the police station and
lodged the report that her marriage with the present appellant was not
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Satyawan Dudhal. Complainant was annoyed with the said gesture of her
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husband. She had informed her father Limbaji Bansode about the same. A
discordant note had struck between her and her in-laws. She has further
alleged that on 06/02/1994 at about 7.00 pm, she was sleeping outside her hut
and at that time, her husband i.e. present appellant insisted upon her to go and
sleep with Vithal Dudhal. She flatly refused to oblige. At that juncture, her
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husband had forcibly administered some spurious substance into her mouth.
According to her, it was a poisonous substance. She felt giddy and was
feeling uneasy. She raised hue and cry. Upon hearing cries, her father-in-law,
brother-in-law and other people assembled and had taken her to Civil
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Hospital. She was admitted in the Civil Hospital where, she vomited. She has
further stated that since she refused to sleep with other persons, her husband
had administered poison to her. On the basis of her report, crime no. 18/1994
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was registered at Taluka Police Station, Solapur for offence punishable under
section 328, 498 (A), 509 r/w 34 of Indian Penal Code. Accused was arrested
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in consonance with the F.I.R. lodged by her. She has proved the contents of
the F.I.R. which is at exhibit 9. It is elicited in the cross-examination that her
father-in-law's mother was sister of her maternal grandmother. That the
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matrimonial house was located in slum area at Wadaje and that there are about
25-30 huts adjoining to her house. According to her, police had recorded her
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she had requested her husband to sleep with her or that he had told her that he
would sleep with her only if, she would go to sleep with other three persons.
The reason assigned for not stating the same is that she did not understand the
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Penal Code, however, appellant is acquitted of the said charges and there
being no appeal against acquittal, the said contentions need not be taken into
consideration. It is apparent on the face of record that there is no allegation of
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assault.
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his wife to sleep with. He has deposed before the Court that he does not know
anything about the incident. He has stated before the Court that about six
months prior to lodging F.I.R. by Laxmibai, Bhaskar had met him in the
Gaothan and had told him that his wife Laxmibai had some work with him
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and therefore, he had requested him to accompany him to the house, however,
P. W. 4 had not obliged Bhaskar i.e. present appellant.
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declared hostile.
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deposed before the Court that Laxmibai had sent messages to him that her
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husband and mother-in-law were ill treating her. Hence, he was constrained to
take Laxmibai to his house. P. W. 1 had specifically disclosed to her father
about the ill-treatment meted out to her. He has narrated about the incident
dated 06/02/1994 wherein, the accused had administered poison to her. He has
substantiated the allegations in respect of ill-treatment meted out to his
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daughter.
05/02/1994, at about 3.00 am, Laxmibai had been to his house. She disclosed
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to him that there was a quarrel between her and her husband. Upon inquiry,
she had told him that her husband was insisting upon her to have sexual
relations with P. W. 2, 3 & 4 and he had also threatened her that if she did not
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oblige, he would throw her in the well. After sometime, her father-in-law
Janardan had come to the house of P. W. 7 and had taken away Laxmibai. He
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hospital after obtaining the opinion of the doctor. He had registered crime no.
18/1994. He had prepared the F.I.R. and obtained thumb impression of
Laxmibai. He had not made any inquiries with the relatives of Laxmibai.
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before the Court that on 07/02/1994, at about 12.45 am, he had received
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her husband i.e. present appellant had refused to consummate the marriage
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and was insisting upon her to have sexual relations with three other persons.
There is omission as far as the same is condition precedent for consummation
of marriage. The allegation itself would be mental harassment to the wife.
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coercing her or any person related to her to meet any unlawful demand
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committed offence punishable under section 498 (A) of Indian Penal Code.
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Learned counsel for the appellant submits that appellant was in custody
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For the above mentioned observations and taking into consideration the
(ii)
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(i)
section 498 (A) of Indian Penal Code in Sessions Case No. 93/1994 by
4th Additional Sessions Judge, Solapur vide Judgment and Order dated
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already undergone.
(iii)
(iv)
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