BHIKAH Vs. VINAYAK AND ORS.

JUDGEMENT

(1.) The first informant in Crime No. 115 of 1998, registered with police station Badnapur, District Jalna, is aggrieved by the judgment and order of acquittal, passed by the learned II Ad hoc Additional Sessions Judge, Jalna in Sessions Case No. 80 of 1999, by which respondent Nos. 1 to 5/accused were acquitted by the court below for the offences punishable under Sections 306, 304 r/w. 34 of the Indian Penal Code and Section 4 of the Dowry Prohibition Act. I have heard Shri B.G. Londhe, learned counsel for the applicant in extenso. Though, respondent Nos. 1 to 5 were represented by their counsel, they remained absent at the time of hearing. Shri V.D. Godbharle, learned Additional Public Prosecutor is representing the State/respondent No. 6.

(2.) Marriage of Kavita, the daughter of the applicant took place with accused No. 1 Vinayak on 2.2.1998. Accused Nos. 2 and 5 are the parents of accused No. 1 Vinayak; whereas accused Nos. 3 and 4 are his brothers.

(3.) According to first information report Exh. 37, at the time of marriage itself the first informant Bhikan agreed to give Rs. 25,000/-. Kavita started cohabiting at Roshangaon. She was treated nicely for a period of two months, however, when she made her visit to her matrimonial house at Satara at the time of Nag Panchami, it was disclosed that she should arrange for Rs. 25,000/- as agreed in the marriage, since for non-fulfillment of the promise she was subjected to cruelty.