BHAGWAN Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) By consent of both parties, matter is taken up for final hearing at the admission stage.

(2.) Original informant, getting dissatisfied by the judgment and order passed by the learned Additional Sessions Judge, Jalgaon in Sessions Case No.17 of 2016 dtd. 14/3/2023 acquitting respondent nos.2 to 6 from offence under Sec. 306 read with 34 of the Indian Penal Code (IPC), has preferred instant appeal.

(3.) PW1 Bhagwan Vithoba Shitole, informant approached Jalgaon Police Station and lodged report informing that he has five children. Accused no.1 cousin daughter-in-law lived in their neighbourhood. Her husband Shivaji had left her and gone somewhere. Since that date, it is alleged that all accused persons were harassing informant as well as his children. Accused no.1 used to repeatedly ask him to search her husband and further threatened that on failure to do so, she would commit suicide and implicate informant and his family members in a false case. On 16/11/2015, respondent nos.2 to 4 picked up quarrel with Ganesh, elder son of informant and since then Ganesh was scared. Again on 19/11/2015, respondent nos.2 and 3 picked up quarrel with Ganesh. Because of such consistent harassment, Ganesh hanged himself and committed suicide. Therefore, on such report of informant, Police registered crime, carried out investigation and finally chargesheeted five accused persons and they made to face trial before the learned Additional Sessions Judge, Jalgaon vide Sessions Case No.17 of 2016 alleging commission of offence under Sec. 306 read with 34 of the IPC. At the trial, prosecution adduced evidence of nine witnesses and adduced documentary evidence. After hearing both sides, learned Judge, by his judgment and order dtd. 14/3/2023 acquitted all accused from charge of Sec. 306 read with 34 of the IPC.