STATE OF MAHARASHTRA Vs. ASHOK @ RAMCHANDRA BHIKAJI WAGH

JUDGEMENT

(1.) This is an appeal impugning an order and judgment dated 17th February 2004 passed by the Judicial Magistrate, Fist Class, Shahapur, acquitting the accused of offences punishable under Section 498-A (Husband or relative of husband of a woman subjecting her to cruelty), Section 323 (Punishment for voluntarily causing hurt), 504 (Intentional insult with intent to provoke breach of the peace), 506 (Punishment for criminal intimidation), 494 (Marrying again during lifetime of husband or wife) read with Section 109 (Punishment of abetment if the act abetted is committed in consequence and where no express provision is made for its punishment) of Indian Penal Code (IPC).

(2.) On 21st February 2020 since nobody was present in Court representing respondents, the Court appointed Ms. Ankita Singhania, an Advocate, as Amicus Curiae. At the request of Ms. Ankita Singhania, as she wanted to consider the papers, the matter was stood over to today. Even today, nobody is present for respondents though the cause list shows the name of Advocate Mr. I.A. Bagaria and Ms. Uma I. Bagaria for respondent nos.1 to 4, 6 and 7. Before I proceed with the case, I must express my appreciation for the assistance rendered and endeavour put forth by Ms. Ankita Singhania, learned Amicus Curiae.

(3.) It is prosecution's case that complainant - Surekha Ashok Wagh (PW-1) got married to Ashok @ Ramchandra Bhikaji Wagh (accused no.1) on 27th June 1990 as per Hindu rites and rituals at Nashik. After marriage, they lived in the matrimonial home at Vasind and led a very happily married life. There were other family members in the matrimonial home, which included the brother of accused no.1, sister of accused no.1, her husband etc. and all were doing business of selling vegetables. Accused no.5 is alleged to be the second wife of accused no.1 and accused nos.6 and 7 are her parents. During her stay with accused no.1, PW-1 gave birth to two children, a boy, who in the year 2003 was 8 years old and a girl, who in the year 2003 was 11. years old. Therefore, the boy would be today 25 years and the girl would be 28 years.