STATE OF MAHARASHATRA Vs. VIKAS GANPATRAO SONAR

JUDGEMENT

(1.) This is an appeal filed by the appellant - State questioning the correctness of the judgment of 15th Ad-hoc Assistant Sessions Judge, Pune, dated 31/7/2004 in Sessions Case No. 3 of 2003 acquitting the respondent-accused for offence punishable under Sections 498A and 307 of the IPC. Facts in brief as are necessary for the decision of this appeal may briefly be stated thus:--

(2.) Prosecution has examined PW 1 - Vidya, who deposes that she had been married earlier and after obtaining a divorce by mutual consent from her first husband, she had married the respondent. According to PW 1 -Vidya, the respondent was also married earlier. PW 1 - Vidya has not stated that the respondent had obtained divorce from his previous wife. According to PW 1 -Vidya, she began to reside with the respondent, but the respondent used to ill-treat her and used to demand that Vidya should bring money from her parents. According to Vidya, on the day of the incident, the respondent had returned home and thereafter had poured kerosene and had set her ablaze. According to PW 1 - Vidya, the respondent thereafter fled from the scene of the incident. Vidya, thereafter, went to the Harjeevan Hospital, where she was admitted and her statement was recorded.

(3.) The defence of the respondent is that his marriage with his first wife was subsisting and consequently Vidya cannot be said to be a "wife" within the meaning of Section 498A. The trial court has accepted the evidence led by the respondent-accused and come to the conclusion that since the first marriage of the respondent was subsisting, respondent cannot be said to be husband of PW 1 -Vidya nor can Vidya be said to be the wife of the respondent-accused. The trial court ultimately came to the conclusion that no offence punishable under Section 498A of the IPC had been proved.