STATE OF MAHARASHTRA Vs. VIVEK GANGADHAR THAKARE

JUDGEMENT

(1.) Being aggrieved by the judgment and order of acquittal passed by the learned Additional Sessions Judge, nashik in Sessions Case No. 24 of 1997 on 24-7-1997 the State-appellant has preferred this appeal on the grounds mentioned in the memo of appeal as also verbally canvassed before us.

(2.) With the assistance of the learned public Prosecutor for the State and the learned counsel appearing for respondents-original accused we have scrutinized the entire evidence on record and reappreciated the same.

(3.) The prosecution story is that the marriage of deceased Pramila was solemnized with accused No. 1 on 30-4-1996. Accused nos. 2 and 3 are the in-laws of deceased pramila. It is the alleged that the deceased was subjected to cruelty by accused on account of non-satisfaction of the demands of locket and colour television. On 10-9-1996 the message was received that the deceased was no more. Chandwad police on the basis of information received from accused No. 3 about the hanging of the deceased in their house, had been to the house on 10-9-96 and carried out necessary enquiry in connection with accidental death (A. D). The spot panchanama was drawn, inquest was drawn, dead body was referred to the hospital for post mortem. On the next day i. e. on 11-09-96 at about 2. 05 p. m. Father of the deceased by name Pundlik Hari Aher set the prosecution in motion by filing his complaint and on the basis of the complaint and the allegations therein, offence has been registered under Crime No. 40-96 under sections 498-A, 302 read with section 34 of I. P. C. The investigation was carried out and due (sic - during) investigation it was inferred that the accused committed murder of the deceased due to non-satisfaction of the demands.