STATE OF MAHARASHTRA Vs. SUBHASH BHAU PAWAR

JUDGEMENT

(1.) In this appeal, an order and judgment dated 15.9.2003 passed by the Judicial Magistrate First Class, Pune acquitting the original 5 accused of offences punishable under Section 498-A (Husband or relative of husband of a woman subjecting her to cruelty) read with section 34 (Acts done by several persons in furtherance of common intention) of the Indian Penal Code, is impugned.

(2.) Mr. Chandorkar for respondent Nos.1 to 4 states that during the pendency of this appeal, respondent No.5-Tarabai died on 30.11.2011 and hence the appeal abates against respondent No.5. Mr. Chandorkar tenders a photo copy of death certificate which is taken on record and marked ' X'for identification.

(3.) The prosecution's case in brief is that PW-1 Pushpalata Subhash Pawar who is the complainant got married to accused No.1 Subhash Bhau Pawar on 7.6.1994 as per Hindu Customs. After the marriage, PW-1 went to reside with the accused persons and 2 children were born to her from the marriage. PW-1 was treated well for about 2 months but thereafter accused started suspecting her character and used to abuse and beat her. Accused No.1 was not doing any work and used to get drunk and beat complainant. Complainant used to bring money from her parents which she required for meeting household expenses from time-to-time. Accused No.1 also abused that she was not fit to be a member of the family of accused. PW-1 was beaten by accused No.1 in the middle of the night and driven out of the house. PW-1 narrated her misery to PW-2 and PW-3 i.e., father and mother, respectively, who consoled her and sent her back to the matrimonial home by assuring that one day or the other accused will mend their ways.