STATE OF MAHARASHTRA Vs. RAJENDRA SADASHIV AVATI

JUDGEMENT

(1.) This is an appeal impugning an order and judgment dated 10th April 2008 passed by the Ad-hoc District Judge 1 and Additional Sessions Judge, Sangli, acquitting three respondents (accused) of offences punishable under Sections 498 (A) (Husband or relative of husband of a woman subjecting her to cruelty), 306 (Abetment of suicide) read with Section 34 (Acts done by several persons in furtherance of common intention) of the Indian Penal Code (IPC).

(2.) Prosecution's case is as under :

(3.) In the statement of the accused recorded under Section 313 of Code of Criminal Procedure, the accused have denied that they demanded any amount or that they were harassing Sarika or on account of such harassment, Sarika committed suicide. It is also the case of the defence that they were not in need of any money because accused no.3 had borrowed a sum of Rs.2 lakhs from the bank for the surgery. Defence has also stated that PW-2 and PW-4, after the death, demanded a sum of Rs.5 lakhs and as the accused refused to pay the amount of Rs.5 lakhs, this false case has been filed. Defence has examined one relative Arun Vonrao as DW-1 and also filed copies of bank statements of accused no.3.