LAWS(BOM)-2023-3-169

STATE OF MAHARASHTRA Vs. NAUPAT FULCHAND WAGHRECHA

Decided On March 02, 2023
STATE OF MAHARASHTRA Appellant
V/S
Naupat Fulchand Waghrecha Respondents

JUDGEMENT

(1.) Heard learned APP Shri.Y.Y.Dabke -APP for the Appellant State and learned Advocate Shri.Mainak Adhikary, Advocate for the Respondent No.1-husband and Respondent No.6-mother in law.

(2.) The Appeal was admitted on 8/12/2006 against them and Respondent No.5. However, Respondent No.5 - father in law expired. Respondent Nos. 1 and 6 are the husband and mother in law of the deceased Minal Naupat Waghrecha. Respondent No.2 is the brother in law and Respondent Nos. 3 and 4 are the sister in law of the deceased. Against them, the Appeal is not admitted. All these Respondents were charged for the offences punishable under Ss. 498-A, 306 read with 34 of the Indian Penal Code, 1860 ["IPC"].

(3.) There was an ill-treatment on account of not giving sufficient dahej, demanding sofa-set table and cupboard, some harassment at the time of performance of cesarean on the deceased and demand for the ornaments and money for construction of house. The trial Court by well reasoned judgment, acquitted all the Respondents for the reason that the evidence on the point of above instances of harassment is not trustworthy. One of the reasons for arriving at this conclusion is delay in lodging of FIR. The deceased Meenal has put an end to her life by hanging in the matrimonial house on 11/10/2003. Whereas, FIR came to be registered on 17/10/2003. Even though, earlier there were opportunities to inform the Police about the harassment, however, it was not informed. That is why, the trial Court held that the delay is fatal to the Prosecution.