LAWS(BOM)-2024-2-34

STATE OF MAHARASHTRA Vs. SARJERAO APPAJI GUJAR

Decided On February 07, 2024
STATE OF MAHARASHTRA Appellant
V/S
Sarjerao Appaji Gujar Respondents

JUDGEMENT

(1.) Dissatisfied by the judgment and order of acquittal passed by learned 4th Adhoc Assistant Sessions Judge, Beed in Sessions Case No. 40 of 1998 on 11/9/2002 acquitting the respondents from offences punishable under Ss. 498-A, 306, 304-B, 504 r/w 34 of the Indian Penal Code [IPC], the State has preferred instant appeal.

(2.) Respondents were chargesheeted on accusation that deceased Mandabai was married to accused no.3 husband and was cohabiting with him as well as in-laws. Father-in-law as well as husband started ill-treating deceased over remaining amount of dowry to the tune of Rs.1,000.00. They also asked her to bring Rs.20,000.00 from her parents for purchasing land. Father-in-law, mother-in-law and brother-in-law always abused deceased and further instigated husband to assault her. Deceased promptly informed this to her parents. Getting fed up by such ill-treatment, deceased immolated herself. Therefore, complaint was lodged for above offences.

(3.) At trial, prosecution adduced evidence of in all nine witnesses and on appreciating the oral and documentary evidence and on hearing both sides, learned trial Judge reached to a finding that prosecution failed to make out any of the offences and by judgment dtd. 11/9/2002, acquitted the accused persons.