KAILASH RAMRAO NALAWADE Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) The applicant-original complainant - brother of the victim Vijaya has preferred the present revision application against the order of acquittal passed by the 4th Additional Sessions Judge Aurangabad dated12-9-2000, in Sessions Case No. 34 of 1998, for the offence punishable under sections 498-A, 306, 304-B read with section 34 of the Indian Penal Code (IPC ).

(2.) The deceased married to accused No. 2 on17-5-1997. An amount of Rs. 25,000/- and other household articles were given at the time of marriage. Respondent No. 2 -accused on the second day of the marriage itself expressed his displeasure as a TV set and a gold finger ring were not provided. But assurance was given as alleged. Till the festival of Nagpanchami there was no ill-treatment reported by the deceased to her parents. But when she came for the festival of Nagpanchami she exploded her feelings in view of the ill-treatment faced by her for non providing, as demanded, the TV set and gold ring. She was abused and also beaten by respondent No. 2 accused. THE deceased's parents requested the accused - husband not to ill-treat her when he came after 7 days to take her back to matrimonial home. As alleged, the parents promised the accused to fulfill his demand after getting money from cotton sale. All this thing happened within a span of less than four months from the date of marriage.

(3.) The defence admitted the spot panchanama, inquest panchanama, attachment of articles and arrest panchanama but not examined any witnesses. THE prosecution examined PW1 Dr. Kailash Bavaskar, PW2 Kailas Nalawade (complainant), PW3 Gorakhnath Nalawade (brother ). PW4 Shyamsingh (mediator), PW5 Investigating Officer (IO) PSI Madhukar Savant. All this culminated into the impugned order of acquittal.