STATE OF MAHARASHTRA Vs. DEEPAK BABURAO KAMBLE

JUDGEMENT

(1.) A person performs a marriage for the purpose of peace, for legalising the sexual relationship and for the purpose of continuing legacy of the family. Sometime, wife gives birth to a male child, sometime, female child and on other occasion, no children is begotten. The case involved in this Appeal is about the discord in between the deceased Sumitra and Deepak Baburao Kamble who is Accused No.1. She was pregnant on two occasions. Firstly, in the year 2003, she could not give birth to a surviving child. In 2004, again she remained pregnant and gave birth to a female child on 17/8/2004. She was expecting a male child, however, unsuccessful. She put an end to her life and that of her daughter Shravani on 27/7/2009 by burning in the matrimonial house at Koyananagar - Satara.

(2.) The matrimonial discord was due to the harassment by the husband - Accused No.1 and other family members. The Accused No.2 - Baburao Bhanudas Kamble and Accused No.3 - Lilabai Baburao Kamble are the in-laws and the Accused No.4 - Lata Baburao Kamble is her sister-in-law. They were demanding Rs.1,00,000.00 (Rupees One Lakh Only) for construction of a house and harassing her. All were prosecuted by Koyananagar Police Station for the offences under Ss. 498-A, 306 read with 34 of the Indian Penal Code, 1860 ("IPC" hereinafter). The prosecution, in all, examined 8 witnesses. However, the prosecution evidence has not appealed to the conscious of the Court of Assistant Sessions Judge - Karad, he has acquitted all the Respondents as per the judgment dtd. 6/10/2010. The State is aggrieved and that is why, the present Appeal is filed.

(3.) I have heard learned APP Shri.Dedhia for the Appellant - State and learned Advocate Shri.Chavan for the four Respondents.