STATE OF MAHARASHTRA Vs. AJIT SHRIRANG GADHAVE

JUDGEMENT

(1.) This is an appeal impugning an order and judgment dated 26 th May 2003 passed by the Judicial Magistrate, First Class, Medha, Satara, acquitting the accused of offences punishable under Section 498A (Husband or relative of husband of a woman subjecting her to cruelty), Section 323 (Punishment for voluntarily causing hurt), Section 504 (Intentional insult with intent to provoke breach of the peace) and Section 506 (Punishment for criminal intimidation) read with Section 34 (Acts done by several persons in furtherance of common intention) of the Indian Penal Code.

(2.) One Kamal Ajit Gadhave (P.W.5), got married on 16 th December 1989 to Ajit Gadhave (Accused No.1). Accused no.1 was a widower, his first wife having expired. It was P.W.5's first marriage. P.W.-5 delivered a baby girt. There was a daughter from the first marriage of accused no.1, who was initially residing with accused no.4. Accused no.4 is the wife of accused no.3. Accused no.3 was the brother of accused nos.1 and 2.

(3.) It is prosecution's case that after marriage, P.W.-5 went to reside with accused no.1 where the parents of accused no.1 was also residing. It is alleged that accused no.1 used to pick quarrels with P.W.-5 on flimsy grounds. P.W.-5 got ill and was diagnosed with TB in the brain. It is alleged that accused no.1 to avoid incurring expenses on the medical treatment of P.W.-5 started picking up quarrels more frequently and beat her up on flimsy grounds and even asked her to leave the matrimonial home. It is alleged that on 18th September 1998, at about 3.00 p.m., when the last rites of the father of accused no.1 was going on, the accused punched and kicked P.W.-5 and also abused her in filthy language. At that time, another sister of accused no.1 (who is not an accused) and her husband were present and they rescued P.W.-5 from the physical and verbal onslaught.