STATE OF MAHARASHTRA Vs. SANGLYA CHUNYA PAWAR

JUDGEMENT

(1.) This appeal is filed by the State challenging judgment and order of acquittal dated 10th December, 2001 passed in Sessions Case No. 85 of 1998 by the learned Additional Sessions Judge, Baramati for the offences punishable under Sections 302, 326, 396 read with 34 of the Indian Penal Code, 1860 ('IPC' for short).

(2.) It is the case of the prosecution that the informant is resident of Gopalwadi. However, his mother Savitribai resides with his brother Baban and Baban's wife at Dhumal Vasti at Gopalwadi.

(3.) According to prosecution, at the material time there was marriage ceremony at the house of informant's sister, namely, Narmadabai at Chormale Vasti and therefore, the informant had been to her house to lend her help. On 18th May, 1998, said informant's sister Narmadabai asked informant to fetch her mother to attend the marriage ceremony and therefore, the informant went to Dhumal Vasti. At the relevant time, informant's brother Manik, Baban and their wives, namely, Kamal and Jaya were present there. As it was late night hours, Savitribai told informant that they would go to Chormale Vasti in the morning and even asked informant to sleep there only. As there was nobody to look after the work of preparation of food etc., at the residence of informant's sister Narmadabai, the informant left the place of mother by saying that he would come back to take her back to the residence of Narmadabai.