KAMLAKAR KESHAVRAO JOSHI Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Heard.

(2.) In Sessions Case No. 93 of 2002, the respondents/accused were acquitted of the offences punishable under section 498A, 306 r/w. 34 of the Indian Penal Code by the learned II Adhoc Additional Sessions Judge, Beed vide judgment and order dated 21/11/2003. As such, this revision by the complainant seeking remand.

(3.) Shri Babhulgaonkar, learned counsel for the applicant while trying to make out case for remand, would urge that the presumption under section 113A of the Indian Evidence Act, is required to be considered, as the incident in question has occurred on 9/4/2002, resulting into suicide by the wife of accused no.1 Avinash within 7 years from the date of marriage, which is 7/6/1995.