STATE OF MAHARASHTRA Vs. SHRIRANG KASHIRAM BEDEDE

JUDGEMENT

(1.) Present application has been filed by the State under Sec. 378(1) (b) of the Code of Criminal Procedure to challenge the acquittal of the respondents from the offence punishable under Sec. 498-A, 304-B read with Sec. 34 of Indian Penal Code by learned Additional Sessions Judge, Kandhar, Link Court, Mukhed, Dist. Nanded in Sessions Case No.35 of 2014 on 30/5/2016. It will not be out of place to mention here that original accused No.1 - husband has been held guilty of committing offence punishable under Sec. 302 of Indian Penal Code and he has challenged the said conviction before this Court by preferring Criminal Appeal No.424 of 2016.

(2.) We have heard learned APP Mr. S. J. Salgare at the stage of admission and with his able assistance, we have gone through the evidence on record.

(3.) If we peruse the evidence of P.W.1 and his FIR, as regards the present respondents, who are the relatives of the husband is concerned, he states that accused Nos.7 and 8 used to harass the deceased by giving kicks and fists. Accused No.3, who is the mother-in-law, alleged to have committed the acts of keeping the deceased starved and giving abuses. Accused No.6 is the sister-in-law of the deceased, who used to manhandle the deceased. Accused No.4 is the brother-in-law of the deceased, who used to have ill eye on the deceased and accused No.2 who is the father-in-law of the deceased used to harass the deceased on the count that she should bring money for running the hotel. It is to be noted that the marriage has taken place on 2/5/2013 and as per the FIR as well as the testimony of P.W.1 deceased was treated properly for about six months. When the deceased as well as her husband had gone to the informant at the time of Diwali, it is stated that the accused has demanded an amount of Rs.1,00,000.00 for running hotel, it was refused on the ground that the informant does not have any amount and then the husband i.e. accused No.1 left the house of the informant alone. When the informant had gone to leave the deceased at her matrimonial home after about 8 days thereafter, at that time, accused No.1 has asked him as to whether he has brought amount of Rs.1,0,000.00. Even at that time, informant shown his inability to give the amount. Accused No.1 had told him that if the deceased is killed, then he would perform second marriage and he will get amount of Rs.2,00,000.00. Even after informant returned to his house, accused No.5, who is wife of accused No.4, told the deceased that she has brought Rs.80,000.00 from her parents and, therefore, deceased should bring the amount of Rs.1,00,000.00 and therefore, deceased informed it to the informant. Again the informant put excuses regarding the financial capacity. The informant then says that deceased along with the husband had gone to the village of their grandparents on 17/7/2014. Informant also reached there to fetch deceased, but around 10.30 p.m., accused No.1 told that he would go and stay at Pune along with the deceased and on the next date, the dead body of the deceased was found within the jurisdiction of village Khandgaon.