STATE OF MAHARASHTRA Vs. UMAKANT LAXMAN BIRARIS

JUDGEMENT

(1.) This is an appeal impugning an order and judgment dated 26th September 2003 passed by the First Ad-hoc Additional Sessions Judge, Nashik, acquitting the accused of offences punishable under Section 498 (A) (Husband or relative of husband of a woman subjecting her to cruelty) and Section 306 (Abetment of suicide), read with Section 34 (Acts done by several persons in furtherance of common intention) of the Indian Penal Code (IPC).

(2.) Initially, there were 7 accused. After the evidence was recorded, as noted in paragraph 10 of the impugned judgment, the prosecutor conceded that there was no sufficient evidence as to bring home the guilt of accused nos.2 to 7. Therefore, this appeal has been preferred only against the acquittal of accused no.1.

(3.) On 12th February 2020 since nobody was present in Court representing respondents, the Court appointed Mr. Vaibhav Charalwar, an Advocate, as Amicus Curiae. Before I proceed with the case, I must express my appreciation for the assistance rendered and endeavour put forth by Mr. Vaibhav Charalwar, learned Amicus Curiae, for it has been of immense value in rendering the judgment.