SABIYA BEGUM AKBAR Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Matter was for admission. However, all parties made extensive submissions, and therefore, after obtaining their consent, main appeal itself was taken up for decision.

(2.) This is an appeal, wherein judgment and order of learned Additional Sessions Judge, Ahmedpur, thereby acquitting respondents - original accused from offence under Sec. 306 read with Sec. 34 of Indian Penal Code (IPC) is taken exception to. PROSECUTION CASE

(3.) On charge-sheet filed by Ahmedpur police station, crime was registered for offence under Sec. 306 read with Sec. 34 of IPC, alleging that, informant resided with his brother under one roof with their respective families. There was said to be dispute between brothers on account of partition. Daughter of informant was abused and her uncle and aunt (accused persons) pressurized her to ask her father to get partition done. They abused her in filthy language and also raised quarrel with her by saying that, 'she should go to the road and dance or die'. Because of such humiliation at their hands, it is the case of prosecution that, deceased Rafia set herself ablaze. While in hospital, she named her accused uncle and aunt, and therefore, her father lodged report. Investigation was carried out and on its completion, both accused were charge-sheeted and finally tried by learned Additional Sessions Judge. However, on appreciation of available evidence, learned trial Judge acquitted the accused by its judgment and order dtd. 5/5/2016, which is assailed herein. SUBMISSIONS