STATE OF MAHARASHTRA Vs. LAXMAN KASHINATH GHUGE

JUDGEMENT

(1.) This Appeal has been filed by the Appellant/State praying therein to quash and set aside the judgment and order of acquittal passed by learned Additional Sessions Judge, Niphad, Nashik dated 08/07/1999 in Sessions Case No.25/99 (Old Case No.22/99).

(2.) The prosecution story, in brief, can be stated thus :-

(3.) On 02/12/1998 Shivaji sent back his daughter deceased Alka with his nephew Somnath (PW 4) to her matrimonial house giving understanding to her that he would pay the money after harvesting and selling agricultural produce and accordingly she should convince her husband. He also asked his nephew Somnath (PW 4) to convince his son-in-law Accused Laxman accordingly. That day in the noon at about 3.30 p.m. Alka (deceased) with her cousin brother Somnath reached at her matrimonial house. Accused Laxman, who was present at the house, asked his wife Alka (deceased) as to why she did not return back on Tuesday as directed and whether she has brought the amount. When she told Accused Laxman that, her father could not arrange for the amount, he started abusing her. When Accused Laxman was abusing to his wife Alka, Somnath (PW 4) left the house of Accused for village Panhal-Sathe to see his sister.