STATE OF MAHARASHTRA Vs. VISHAL PRAKASH SHINDE

JUDGEMENT

(1.) Heard Ms. Tidke, learned APP for Appellant - the State of Maharashtra and Mr. Pawar, learned Advocate for Respondent Nos.1 to 5.

(2.) The present Appeal is directed against judgement of acquittal dtd. 29/11/2003 passed by the learned Trial Court in R.C.C. No.16 of 2002. It is filed by State of Maharashtra. Respondent Nos.1 to 5 are original Accused Nos.1 to 5. Respondent No.3 who is Accused No.3 has expired in the interregnum. Offences for which Respondents were tried were under Ss. 498A, 323, 504 read with Sec. 34 of Indian Penal Code, 1860 (for short 'IPC'). Complainant is the wife. Accused No.1 is her husband, Accused No.2 is her mother-in-law; Accused No.3 was her father-in-law who is no more; Accused No.4 is her brother-in-law and Accused No.5 is wife of Accused No.4. Marriage of complainant and Respondent No.1 took place on 25/6/2001. It was an arranged marriage. Complainant left her matrimonial home on 25/12/2001 and filed complaint / First Information Report (for short 'FIR') on 26/12/2001. Between the date of marriage and 25/12/2001, admittedly complainant cohabited with her husband and in-laws in her matrimonial home, save and except during Diwali of that year when she visited her parental home. In so far as Respondent Nos.4 and 5 are concerned, complainant admitted in her witness action that they lived separately and in her cross-examination gave admission that it was true that Respondent Nos.3 and 4 (Original Accused Nos.4 and 5) never quarreled with her.

(3.) Prosecution led the evidence of four witnesses, PW-1 was the Complainant herself; PW-2 was a lady called Anjali Pralhad Sonawane who had arranged the marriage of Complainant with Respondent No.1; PW-3 is the father of Complainant and PW-4 is the Investigating Officer.