STATE OF MAHARASHTRA Vs. SURESH VITHOBA PATIL

JUDGEMENT

(1.) This is a Criminal Appeal under Section 378 (1) of the criminal Procedure Code (for short "cr. P. C. ") by the State of Maharashtra (for short "state") against an order of acquittal, passed by the learned Additional Sessions Judge, Kolhapur, in Criminal Appeal No. 51 of 1999 dated 2nd december, 1994, whereby, the conviction order dated 30th June, 1990, in Sessions Case No. 120 of 1988, against the respondent-accused under sections 498-A, 304-B read with Section 34 of the IPC, was set aside.

(2.) Respondent No. 1-accused No. 1 was married in the year 1982 to Shevanta @ lakshmi, the sister of the complainant (P. W. 1). After three years of the marriage, one son was born. Both husband and wife were living together in their marital house at Nitture, Taluka Chandgad, District- Kolhapur, along with rukmini Vithoba Patil - respondent No. 2 - accused No. 2, the mother of respondent No. 1. Respondent No. 2 is now reported dead. Therefore, the Appeal is abated against her. On 2nd February, 1998, one Dattu Patil had informed to the Police that Shevanta (hereinafter referred to as "the deceased") , wife of respondent No. 1, committed suicide by jumping into the well. An accidental death was accordingly registered. Later on, on 2nd february, 1998, P. W. 1, the complainant came to know about the death of his sister. Therefore, he immediately rushed to the village and found the dad body of his sister. The complaint was lodged against the respondents, basically contending that because of frequent ill-treatments, the deceased had committed suicide. On the basis of the said complaint, the crime was registered. All the necessary panchanamas and Inquest Reports were prepared. Various statements were recorded. The charge-sheet was submitted. The respondents denied the charges. The prosecution examined 7 witnesses in support of their case. There was no defence witness. Respondents pleaded "not guilty". The learned trial Judge accepted the prosecution case and the accused were held guilty under Section 498- a and Section 304-B read with Section 34 of the Indian Penal Code (for short "ipc"). The respondents, therefore, shad preferred the appeal against the said order of conviction. By the impugned judgment and order, their Appeal was allowed, the order of conviction was set aside and they have been acquitted from all the charges.

(3.) Head the learned Asstt. Public prosecutor Dr. F. R. Shaikh for the appellant- state and the learned counsel Mr. N. J. Patil for the respondents. We have gone through the record in extenso and, after taking into consideration the submissions made by the counsel appearing for the parties, we are also of the view that the order of acquittal is within the framework of law and record. The same does not need any interference.