STATE OF MAHARASHTRA Vs. BABAN DAMODAR BARI

JUDGEMENT

(1.) Heard the learned Counsel for the parties. By the present appeal, the appellant-State has taken exception to the judgment and order of acquittal rendered by the learned Second Additional Sessions Judge, Thane, in Sessions Case No. 691/91 on 16th. November, 1992, thereby acquitting the respondent Nos. 1 and 2 (Original accused Nos. 1 and 2) (hereinafter referred to as per their original status as "accused Nos. 1 and 2") for the offences punishable under Sections 498A, 302, 201 read with Section 34 of IPC and under Section 3 of Dowry Prohibition Act. It is to be noted that initially there were three accused who were acquitted by the impugned judgment but leave was granted against the respondent Nos. 1 and 2 only i.e. the original accused Nos. 1 and 2. Hence, the present appeal proceeded against them.

(2.) Brief facts of the prosecution case which gave rise to the present appeal are as follows:

(3.) Accordingly, after completion of investigation, P.W. 5 PSI Khamkar filed the charge-sheet against the accused before the learned Judicial Magistrate, First Class, Dahanu, on 22nd. November, 1991. However, since the offence was exclusively triable by the Court of Session, the learned JMFC committed the case to the Court of Sessions, Thane. Thereafter, the learned Additional Sessions Judge, Thane, framed the charge against the accused persons on 27th. May, 1992 under Exhibit 3 for the offences punishable under Section 302 read with Section 34 of IPC and Section 498A read with Section 34 of IPC and Section 3 of Dowry Prohibition Act, 1961 and also for the offence punishable under Section 201 of IPC. However, the accused Nos. 1 and 2 pleaded not guilty to the said charges and claimed to be tried. To substantiate the said charges levelled against the accused, the prosecution examined as many as five witnesses as mentioned below: