SALIM BABU KHAN Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) In the instant appeal, original informant/appellant has invoked provisions under Sec. 372 of the Code of Criminal Procedure (Cr.P.C.) thereby taking exception to the judgment and order of acquittal passed by the learned Sessions Judge, Jalna in Sessions Case No.49 of 2021 which was tried for commission of offence under Sec. 302 of Indian Penal Code (IPC). FACTS IN BRIEF IN THE TRIAL COURT

(2.) Present appellant (original informant) set law into motion by approaching Kadim Jalna Police Station, alleging that respondent no.2, a truck driver was married to his daughter Shama and out of their wedlock they had a son. According to him, accused no.1 maintained affair with accused no.2. On such count, there were frequent quarrels between them. Deceased used to regularly inform about treatment meted out to her. On 3/11/2020, accused - husband poured diesel on his daughter and incinerated her. His daughter suffered 100% burns and died on the spot and hence the FIR. On the strength of which, crime No.516 of 2020 registered for the offences punishable under Sec. 302, 201 and 120-B read with Sec. 34 of IPC.

(3.) Both accused were charge-sheeted and tried by the learned Sessions Judge vide Sessions Case No. 49 of 2021 in which prosecution had examined in all 8 witnesses and also relied on documentary evidence. That, learned Sessions Judge conducted trial and on appreciating the oral and documentary evidence adduced by prosecution, reached to a fnding that prosecution failed to prove that there was criminal conspiracy hatched by the accused persons for committing murder of deceased and thereby acquitted accused persons from all charges. It is the above judgment and order of acquittal that is now questioned by way of instant appeal. RIVAL SUBMISSIONS