VITHAL GANPATI HARALE Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) The applicant has impugned the order of acquittal passed by IInd additional Sessions Judge, Nanded on 23-10-1997 in Sessions Case No. 102/1996, acquitting the accused of the offences punishable under sections 498-A and 306, r/w 34 of the Indian Penal Code.

(2.) Relevant facts, stated in nutshell, are that deceased Sunita married respondent no. 2 on 20-5-1994. After the marriage, applicant went to matrimonial house of his daughter with Bhujang to bring her for the festival of 'panchami'. On that occasion, respondent No. 2 demanded Rs. 5,000/ -. Applicant was unable to make the payment as he did not have money. Since then, respondent No. 2 started making demands for rs. 5,000/ -. As the demands were not fulfilled, respondent Nos. 2 to 4 started subjecting deceased sunita to ill-treatment. As Sunita could no longer bear the torture, she committed suicide by jumping into the dam on 3-5-1995. On the basis of this complaint, offence came to be registered. After completion of investigation charge-sheet came to be filed.

(3.) After completion of the trial, learned sessions Judge found that deceased Sunita was not subjected to cruelty. She was happily living with her husband, but met with an accident while she had been to the dam for fetching water. In conformity with the findings, learned Sessions Judge acquitted the accused of the offences punishable under sections 498-A and 306 r/w 34 of the indian Penal Code. This order of learned sessions Judge has been impugned in the present revision petition.