STATE OF MAHARASHTRA Vs. FATIMA MAHAMAD SHAIKH

JUDGEMENT

(1.) This appeal is filed by the State challenging the judgment and order of acquittal dated 20th April, 2002 passed in Sessions Case No. 115 of 2000 by learned 5th Additional Sessions Judge, Kolhapur for the offences punishable under Sections 498-A, 304 (b) read with 34 of the Indian Penal Code,1860 (for short "IPC").

(2.) The occurrence that led to launching of prosecution is that, Yasmin Iqbal Shaikh (since deceased), daughter of informant, was married to accused Iqbal Mahamad Shaikh (A-2) in October, 1999. After the marriage, the deceased started residing with her husband and the family members viz. accused Fatima Mahamad Shaikh, mother-in-law (A-1), Rafiq Mahamad Shaikh, brother-in-law (A-3) and Nilofar alias Radhika Rafiq Shaikh, wife of A-3(A-4).

(3.) Informant accordingly lodged the report with Shiroli MIDC Police Station, Kolhapur on the basis of which Crime No. 47 of 2000 for the offences punishable under Sections 498-A and 304B read with 34 of IPC came to be registered against all the accused.