STATE OF MAHARASHTRA Vs. BASVESHWAR KALLAPA PATNE

JUDGEMENT

(1.) This Criminal Appeal is directed against the judgment and order dated 30th September, 1999 passed by the III Additional Sessions Judge, Solapur in Sessions Case No. 142 of 1997 acquitting all the Respondents / Orig. Accused of the offence punishable under Sections 498-A, 304B, 302 read with 34 of the Indian Penal Code (for short 'IPC').

(2.) The prosecution case, in brief, is as follows:-

(3.) On 15.01.1997 while daughter of the informant by name, Manikbai resident of Solapur had come to the house of informant, she informed the informant that the accused Sadanand had come to her in the earlier night and had informed her that Ambavva had left the house of accused persons without informing anybody. The informant was frightened. On 16.01.1997, the informant along with his wife, daughters and Police Patil of Nandgaon and other relatives had gone to Vijapur Naka Police Station. At that time police from Vijapur Naka Police Station informed them that, Ambavva died and accordingly a report was submitted by accused no. 1 to Vijapur Naka Police Station. Thereafter, the informant and his relative had gone to the house of accused persons but could not meet anybody. While informant and his relatives had gone to the well situated in the adjoining agricultural land of the accused persons, they saw the dead body of Ambavva @ Suman was floating on the well water. The informant suspected that accused no. 1 must have killed Ambavva.