STATE OF MAHARASHTRA Vs. SHANKAR TULSHIRAM MATRE

JUDGEMENT

(1.) The State seeks to challenge the acquittal of the respondents recorded by the learned Additional Sessions Judge, Akola for the offences punishable under Sections 302, 304-B and 498-A read with 34 of the Penal Code. THE facts which led to the prosecution of the respondents before the Court of Sessions at Akola are as under :

(2.) Victim Suman was married to respondent Shankar about three years before the incident in March, 1992. According to the victim's brother, complainant, Wasudeo, about an year after the marriage the respondents started ill-treating the victim. The respondent-accused was serving as a bailiff of Civil Court, Akot, at the relevant time. He used to make demands of money which his wife used to convey to the complainant who was serving as a Police Constable in neighbouring district Buldhana. Small amounts ranging from Rs. 100/- to Rs. 500/- were accordingly paid to Suman by her brother. P.W.4 Jaywantabai another sister of the victim also states of demand of Rs. 100/- by the victim. This too is unrelated to dowry.

(3.) The learned Judicial Magistrate First Class, Akot committed the case to the Court of Sessions at Akola as the offences were exclusively triable by the Court of Sessions. THE learned Additional Sessions, to whom the case was assigned, framed charge of the offences under Sections 302, 304-B, 498-A read with 34 of the Penal Code against both the accused persons. THEy pleaded not guilty and hence, were put on trial. In its attempt to bring home the guilt of the accused the prosecution examined in all six witnesses. Upon considering the evidence tendered in the light of the defence taken, the learned Additional Sessions Judge came to acquit both the accused persons. THE State seeks to challenge the acquittal of only Accused No. 1, victim's husband Shankar, by presenting this appeal on the grounds stated in the Memo.