STATE OF MAHARASHTRA Vs. MADHUKAR RAGHUNATH KAMBARI

JUDGEMENT

(1.) By the aforesaid appeal, the Appellant-State has assailed the part of the Judgment and Order dated 7 th May, 1997 passed by the Additional Sessions Judge, Raigad-Alibag acquitting the respondent no.1 from the charge of commission of offence under Sections 498-A, 306 r/w 34 of the Indian Penal Code. The respondent no.1 at the said trial was tried for commission of such offences in furtherance of common intention of himself, his father, original accused no.2, his mother, original accused no.3 and his sister, original accused no.4.

(2.) The said prosecution emerged out of the charge sheet submitted by the Neral Police Station as a investigation of crime no. 12/94 registered with the said police station upon complaint (Exhibit-14) lodged by PW.1 Janu Thamke, the father of victim Vandana i.e. wife of respondent against respondent and his father, mother and sister.

(3.) According to the prosecution daughter of PW.1 viz. Vandana had married respondent on 10 th May, 1995 and since then she was residing in village Dhamote at which PW.1 was also residing alongwith other family members. Vandana after marriage on two occasions had been to the house of her father and on said occasions she appraised PW.1 that respondent was beating her upon suspicion and was also asking her to bring money and grocery from the paternal house. PW.1 on both occasions provided grocery and money for house-hold expenditure after pacifying her sent her back to the respondent.