STATE OF MAHARASHTRA Vs. MUKESH BHOJRAJ PURASWAMI

JUDGEMENT

(1.) This Appeal is filed by the State challenging the judgment and order of acquittal dated 01st April, 2002 passed in Sessions Case No. 18 of 1999 by the 3rd Additional Sessions Judge, Kalyan, District-Thane, for the offences punishable under Sections 302, 177 r/w 34 of the Indian Penal Code (for short "IPC").

(2.) The prosecution case in short is that, the informant's daughter, namely, Jyoti @ Roma (for short "the deceased") was married to accused Mukesh Bhojraj Puraswami (A-1) in the year 1995. The informant alleges that since after the marriage A-1 used to beat the deceased after consuming liquor and this fact was told to her telephoically, her elder daughter Smt. Kavita Sureshlal Nandwani (PW-3) and other relatives by the deceased.

(3.) According to the informant, on 20.11.1998 at about 2-00 p.m., the deceased rang her up and informed that the marriage of her brother-inlaw, namely, Kamlesh (A-2) has been settled at Murtuzapur, Dist. Akola and the marriage ceremony is to be performed on 13.12.1998. The deceased further informed that A-1 is demanding her ornaments and as she is not obliging him, she is being subjected to beatings and further requested to come immediately.