SHAKUNTALABAI NILKANTHRAO AVCHITE Vs. SANJAY MANOHAR GAIKWAD

JUDGEMENT

(1.) SHAKUNTALABAI Nilkanthrao Avchite, original complainant being dissatisfied with the order passed by the Additional Sessions Judge, Aurangabad dated 30. 12. 1993 in Sessions Case No. 303/1992, filed present petition.

(2.) THE facts,in brief, leading to the present petition are that ; the Petitioner Shakuntalabai Avchite is serving as a nurse at Ayurvedik College Hospital, at nanded. Deceased Suchita was her daughter. She is also having two sons namely Sandip and Nitin. All of them including Suchita were residing at Nanded. In the year 1989-90 Sanjay present Respondent original Accused No. 1 and accused No. 2 Shakuntala w/o Manohar are related to the Complainant Shakuntala. It is alleged that, the marriage of Suchita was settled with the accused Sanjay in the year 1990, however, as there was some delay in fixing date for marriage and as there was some love affair between Suchita and accused Sanjay, somewhere in the month of July, 1990, Sanjay took Suchita to aurangabad and thereafter registered marriage at the office of Registrar. It is further alleged that, the complainant thereafter arranged reception at Nanded on 25. 11. 1990. Some relatives were called. Sanjay thereafter took Suchita, after the said reception along with articles of present ,to Aurangabad. It is further alleged that Suchita was residing with Sanjay at aurangabad, however, on 15. 3. 1991 the complainant came to Aurangabad and took Suchita to Nanded on account of her ill health. It is also claimed that she was pregnant and period of gestation was approximately 3 months. It is alleged that on 23. 3. 1991 the present accused then came to Nanded in early morning, knock the door and made inquiry with the complainant about suchita, then he entered in the room of Suchita beat her and thereafter took her out of the house. Thereafter, he along with Suchita came to Aurangabad. It is alleged that, on 29. 3. 1991 Complainant then came to Aurangabad at the house of Accused No. 1. Some exchange of words took place between complainant on one hand and Suchita and Sanjay on the other hand. The Complainant then returned to Nanded. On 20. 4. 1991 she received message about the burn injuries sustained by Suchita. She along with her son Sandip and one neighbour Babasaheb came to aurangabad and saw the dead body of Suchita who sustained burn injuries. She then made report to the police station, on the basis of which crime No. 100/1991 was registered for the offence under Section 498-A, 304-B of read with Section 34 of Indian Penal code. The P. S. O. Police Station Chawani, Aurangabad then visited the place of incident, held inquest over the dead body and referred same for postmortem. The medical Officer Ghati Hospital performed postmortem. P. S. I. during the investigation recorded certain statements, attached letters produced by the Complainant and after completing investigation submitted charge sheet against the accused before the Judicial Magistrate (First Class) on 18. 8. 1991.

(3.) THE Judicial Magistrate (First Class)committed case to the court of Session as offence under section 498-A and 306 of Indian Penal Code being exclusively triable by Court of session.