STATE OF MAHARASHTRA Vs. BALU RAVJI ABHANG

JUDGEMENT

(1.) This is an appeal impugning an order and judgment dated 3-11- 2003 passed by the IInd Additional Sessions Judge, Nashik, acquitting respondent (accused) for the offence punishable under Sections 498A (Husband or relative of husband of a woman subjecting her to cruelty) and 306 (Abetment of suicide) of Indian Penal Code.

(2.) As none appeared for respondent, this court appointed Ms Spenta Havewala as Amicus Curaie. Before I proceed with the case, I must express my appreciation for the assistance rendered and endeavour put forth by Ms Havewala, learned Amicus Curiae, for it has been of immense value in rendering the judgment.

(3.) The case of the prosecution in brief is, complainant - Kisan Khandu Vetal (PW-1), had a daughter by name Sunita. Sunita was the third daughter of PW-1. Sunita was married to accused on 19-4-1999 and after marriage Sunita started living with accused at Eklahare Village. The mother and sister of accused were also living with them. The father of accused was in service with India Security Press and during the course of his employment, had died. PW-1 hoping that accused will get job in India Security Press on compassionate ground, got Sunita married to accused, though at the time of marriage accused was unemployed. Sunita had studied upto 12th Standard. For 12 months after marriage, the couple lived in Eklahare. According to PW-1, the relationship between Sunita and her mother-in-law and sister-in-law was not very cordial. But PW-2, who is the sister of Sunita, says that there were no serious disputes when Sunita was living at Eklahare and married life for some extent, was good.