STATE OF MAHARASHTRA Vs. JAIDEEP NAMDEO GORAD

JUDGEMENT

(1.) The 3rd Adhoc Additional Sessions Judge, Pune acquitted four accused persons for the offence punishable under Section 498A, 302 read with Section 34 of IPC as per the judgment dt.25.3.2003. It was the case of homicidal death of one Radhabai who is the wife of accused no.1 Jaideep. The accused persons committed murder by pouring kerosene on her and setting herself on fire. The accused was having a different version. In fact it was not a homicidal death but it was an accidental death. The kerosene lamp was lit in the intervening night of 14th February 2002 and 15th February 2002 and when all were asleep, the lamp had fallen and accordingly the deceased engulfed into fire.

(2.) The trial Court accepted the defence version and concluded that homicidal death and involvement of any of the accused is not proved. The correctness of the said judgment is challenged on behalf of the State.

(3.) We have only heard learned APP. There was no one present on behalf of the original accused/respondents even though they have put in appearance. Considering the nature of findings, we deem it proper to decide the appeal only after hearing the State. We are fortified by our view when we have perused the record and decided to confirm the findings given by the trial Court.