STATE OF MAHARASHTRA Vs. SUBHASH ALIAS LAXMANRAO CHIKARE

JUDGEMENT

(1.) By this appeal, the appellant-State challenged the judgment and order delivered on 27th February. 2009 by learned Ad-hoc Additional Sessions Judge-2 Wardha in Sessions Trial No. 179/2007 whereby the accused were acquitted of offence punishable under sections 498-A, 306 read with section 34 of the Indian Penal Code (in short "IPC").

(2.) The facts in brief are these : FIR was lodged by Shri. Ramchandra Govindrao Tongale (PW 5), aged about 80 years, who is the father of the alleged victim Ujwala. It was reported at Arvi Police Station on 18.7.2007 that his daughter Ujwala was not in good terms with his son-in-law Subhash Laxmanrao Chikare although they were nuptially tied way back in 1993. Out of the said marriage, they had two sons, namely Kshitij and Kartik, aged about 12 years and 9 years respectively. It is also alleged that the victim was harassed by his son-in-law mentally, physically as well as financially, inasmuch as he was not providing essentials of life, such as, clothes etc. to victim Ujwala and her sons. In order to sustain herself and two sons, Ujwala was doing small scale business of pico-fall and preparing papad so as to meet the household expenses, as well meet the expenses of school going children. It is further stated by the first informant that he was helpless as he himself was staying in Home for the Aged and his sons were not maintaining him. According to first informant, his another daughter Meenakshi informed him on 17.7.2007 that Ujwala is not keeping good health. Later, he came to know about untimely and sad demise of Ujwala and her two sons. On the basis of this information, FIR No.176/2007 was reported at Arvi Police Station, Dist.-Wardha for offence punishable under sections 498-A, 306 read with section 34, IPC and the wheels of investigation followed. It appears that inquest over dead bodies of Ujwala and her two sons were held. The Investigating Agency also drew spot panchanama and carried out investigation. It is also alleged that chit was seized from the victim. After completion of investigation, the accused who were named in the course of investigation as allegedly responsible for death of victim Ujwala were charge-sheeted for offence cited supra, before the JMFC Arvi who committed the case to the Court of Sessions, Wardha on 18th December, 2007. The charge was framed against as many as seven accused as per Exh.24 to which they pleaded not guilty and claimed to be tried.

(3.) The prosecution has led the evidence of as many as 16 witnesses and then closed the evidence. No defence evidence was led on behalf of the accused. After considering the evidence led by the prosecution, by the impugned judgment and order, the learned Judge of the trial Court recorded an order of acquittal, which is under challenge in the present Appeal.