STATE OF MAHARASHTRA Vs. MUKTA NIVRUTI JADHAV

JUDGEMENT

(1.) The State of Maharashtra has preferred this appeal under sec. 378(3) of Code of Criminal Procedure, 1973 challenging the judgment and order dtd. 25/11/2005 passed by the learned Sessions Judge for Greater Bombay in Sessions Case No.480 of 2001. Accused Nos.1, 2 and 4 were acquitted for the offences punishable under sec. 323, 316 r/w 34 of Indian Penal Code.

(2.) The case of the prosecution is as follows :-

(3.) Dnyaneshwar N. Jadhav (Accused No.3) was reported dead. The case against him had abated before framing charge. Charge was framed against accused Nos.1, 2 and 4 vide order dtd. 29/9/2004. As per charge, accused Nos.1, 2 and 4 assaulted mother of complainant in furtherance of common intention with fist and kick blows and thereby committed an offence punishable under sec. 323 r/w 34 IPC. Secondly, all the accused in furtherance of common intention while assaulting mother of complainant, accused No.2 and 1 gave kick on abdomen of complainant when she was seven months pregnant and caused death of unborn child and committed offence under sec. 316 r/w 34 IPC.