BHAGWANSINGH GOVINDSINGH KATHAR Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Judgment and order of acquittal passed by the learned Additional Sessions Judge, Kandhar, Dist. Nanded in Sessions Case No. 44 of 2012, dtd. 30/1/2018 is impugned herein by original informant.

(2.) Present appellant set law into motion by approaching Osmannagar Police Station, Nanded on 22/2/2012, alleging that he resides with his family. His elder daughter Payal was married to present respondent No.2 Ganeshsingh in 2011. After few days of marriage, in-laws and husband started ill treating and harassing Payal and she informed about it. They were insisting Payal to bring Rs.30,000.00, and in that backdrop she was kept starved and beaten. In spite of complying demand of Rs.10,000.00, ill treatment and harassment continued. On 5/2/2012, he had given understanding to accused persons. On 6/2/2012, around 11.30 p.m., he received message that his daughter's condition has deteriorated and therefore he reached at Kalambar (Bk.) and then he informed his daughter lying on the cot. He and one Pavansingh Bais, immediately took is daughter to hospital but there while undergoing treatment she expired on 6/2/2012 itself in the evening. Hence, father lodged report against husband and in-laws. On the strength of which police registered crime bearing No.20 of 2012.

(3.) Investigation was carried out and after its completion accused were charge-sheeted. Learned Additional Sessions Judge, Kandhar conducted sessions trial case vide No. 44 of 2012, during which evidence on behalf of prosecution was adduced and examined. After conclusion of trial, arguments were heard by the learned trial Judge and finally by judgment and order dtd. 30/1/2018, the learned trial Judge held that prosecution has failed to prove the charges and thereby acquitted accused - respondent Nos.2 to 4 from offence under Sec. 498-A, 304-B read with Sec. 34 of Indian Penal Code.