STATE OF MAHARASHTRA Vs. NABAB MOHAMMAD SHAIKH

JUDGEMENT

(1.) This is an appeal impugning an order and judgment dated 7-5- 2003 passed by the learned 11th Additional Sessions Judge, Pune, acquitting three respondents (accused) of offence under Sections 498A ( Husband or relative of husband of a woman subjecting her to cruelty) and 306 (Abetment of suicide) read with Section 34 (Acts done by several persons in furtherance of common intention) of Indian Penal Code .

(2.) Since nobody is appearing for respondents, the court appointed Mr. Rohan Savant, Advocate, as Amicus Curiae. Before I proceed with the case, I must express my appreciation for the distinguished assistance rendered by Mr. Savant. The endeavour put forth by Mr. Savant, has been of immense value in rendering the judgment.

(3.) The prosecution's case in brief is :- (a) Aarifa, daughter of complainant Kadir Madar Shaikh (P.W.-1), got married to accused no.3 Akram Nabab Shaikh on 15-10-2000. For about 6 months after marriage, the accused treated Aarifa well but thereafter, started ill-treating and subjected her to physical and mental cruelty. Unable to withstand the cruelty, Aarifa poured kerosene on her person and set herself on fire on 10- 1-2002. Accused kept themselves away from the spot of incident and it is the neighbours of the accused, who came forward and informed the incident of Aarifa to the police and her relatives.