STATE OF MAHARASHTRA Vs. HARISH RAMANBHAI BRAMHABHAT

JUDGEMENT

(1.) This Application has been moved by the State of Maharashtra for seeking leave to appeal under Section 378(3) of the Code of Criminal Procedure, 1973 (the Act for short) against the order of acquittal dated 30.1.2010 passed by the learned 4th Ad-hoc Addl. Sessions Judge, Borivali Division in Sessions Case No.492 of 1996.

(2.) The present respondents/original accused nos. 1 to 5 were tried for the offences punishable under Sections 498-A, 306 and 304-B read with Section 34 of IPC, and came to be acquitted of all the charges.

(3.) The accused no.l-Harish Ramanbhai Bramhabhat, who was married to Bijal the daughter of Ramanlal Chunilal Bramhabhat (P.W.-l) on 25.5.1994, and while at matrimonial home located at Borivali, she allegedly jumped from 4th floor of her matrimonial home and in the said incident she died on 13.6.1995. P.W.-6- Manohar Dalvi, Dy.S.P. attached to the concerned Police Station arrived at site along with P.S.I. Shri. Kadam. and recorded the statements, at Exh.44. The brother of 'eceased-Bijal allegedly raised a suspicion over the incident, and therefore, he was taken to the Police Station and statement of brother of the deceased was recorded, at Exh.45 which is treated as F.I.R. P.W.-6 took all the accused persons in custody, and after investigation a charge-sheet was filed.