STATE OF MAHARASHTRA Vs. NAGNATH ANNAJI BARGAJE

JUDGEMENT

(1.) Heard the learned A. P. P. None present for the respondents through served. This Court therefore, heard the learned A. P. P. in the absence of the respondents.

(2.) In this Appeal, the applicant State of maharashtra has challenged the Judgement and order dated 17/10/1983 passed by the Judicial Magistrate first Class Court, Pune, acquitting the accused of the offences under section 498 (A) of the I. P. C. The accused No. 1 Dr. Vijaykumar Nagnath Bargaje is the husband of the complainant Suiati P. W. 6. Accused No. 2 nagnath Annaji is the father-in-law of Suiati i. e. father of Accused No. 1.

(3.) The case of the prosecution is that Swati P. W. 6 married Accused No. 1 Dr. Vijaykumar Bargaje sometime on 9/5/1984 at Aurangabad. After marriage, she resided with the accused at Sangvi, Shitole-nagar, Pune. Satyanarayan Pooja was performed on 16/5/1984. After the said Pooja Swati resided with her husband up to 13/6/1984. On 13/6/1984 the mother of Swati came and took Swati alongwith her to Aurangabad for medical treatment. Swati resided at Aurangabad upto 20/8/1984. She wrote some letters to Vijaykumar, her husband P. W. 1 who was residing at Sangvi. The said letters are on record at Ex. No. 5. It is the case of the prosecution that soon after the marriage both the accused started demanding TV, Scooter, Cooking gas, gold locket and rs. 5,000/- in cash from the parents of the complainant swati and started pressurising her and harassing her in all possible ways to get the demands fulfilled. It is alleged that the accused caused cruelty, both physically and mentally, to the complainant with a view to get their demands satisfied. It is further alleged that both the accused assaulted and threatened to kill the complainant in case their demands were not met. It is also alleged that the accused kept complainant starving and did not allow her to take food. On these allegations, complainant Swati filed a complaint Ex. 30 with City Chowk Police Station, Aurangabad on 13/6/1987. Since the offence took place within the jurisdiction of Chaturshringi Police Station, Pune the complaint was transferred from Aurangabad to chaturshringi Police station, Pune on 19/6/87. Both the accused were arrested by the Chaturshringi police station on 19/6/1987 and released on bail. The offencecame to be registered under C. R. No. 130 of 1987 of chaturshringi Police station. After completion of investigation the charge-sheet was filed in the court of the Judicial Magistrate First Class Court, Pune, the charges were framed, read over and explained to the accused. Both the accused denied their guilt and claimed to be tried. Upon consideration of the evidence and documents, accused came to be acquitted by the Trial court by a reasoned order dated. 17/10/1988. The present appeal is filed by the State from the said order dated 17/10/1988 acquitting the accused.