ANKUSH KASHINATH SHRIKHANDE Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Convict Ankush is hereby taking exception to the judgment and order passed by IIIrd Additional Sessions Judge, Aurangabad dtd. 21/2/2004 in Sessions Case No.265 of 2001 recording guilt for offence punishable under sec. 498-A and 306 of Indian Penal Code (For short, "IPC").

(2.) Deceased Anita was married to appellant on 4/5/1998. For a period of one year, everything was smooth, however, thereafter husband and in-laws subjected deceased to ill treatment on account of demand of Rs.30,000.00 for purchasing a tractor. Deceased reported about ill treatment to her parents and her sister. On 10/4/2000, understanding was given to accused. On 20/4/2000, news of Anita committed suicide was received. After funeral, father PW1 Bhimrao approached Wadod Bazar Police Station and lodged report, on the basis of which crime was registered. After investigation and gathering sufficient evidence, husband and in-laws were charge-sheeted and ultimately tried by learned IIIrd Additional Sessions Judge, Aurangabad vide Sessions Case No. 265 of 2001. The above sessions case came to be decided on 21/2/2004, convicting appellant husband and acquitting inlaws i.e. vide judgment and order dtd. 21/2/2004. Feeling aggrieved by the above, husband has taken exception to by filing instant appeal.

(3.) According to learned counsel, prosecution has failed to prove the charges beyond reasonable doubt. He submitted that, there is no independent piece of evidence. That, only family members are examined. According to him, they are making general and vague allegations against all accused without specifying role. He pointed out that, on same set of evidence, accused nos.2 to 4 are acquitted, but only husband alone is held guilty. Thus, according to him, there is improper appreciation. That, necessary ingredients for attracting the charges were not available, still conviction is recorded and hence the same being erroneous and illegal, he seeks intervention at the hands of this court. On behalf of Respondent - State : -