STATE OF MAHARASHTRA Vs. NANDKUMAR MARUTI CHAVAN

JUDGEMENT

(1.) By the present appeal under Sec. 378(1) of the Criminal Procedure Code, the prosecution takes exception to the judgment and order dtd. 10/1/2003 passed by the learned Adhoc Additional Sessions Judge, Aurangabad, in Sessions Case No. 224 of 2000, whereby, the respondents/accused are acquitted for the offences punishable under Sec. 498-A and 304-B read with Sec. 34 of the Indian Penal Code in connection with Crime No. 16/2000, registered with Virgaon Police Station, Tq. Vaijapur District Aurangabad.

(2.) Heard Mr. S. P. Sonpawale, learned Addl. P.P. for the appellant/State, and Mr. Nilesh Ghanekar, learned counsel for the respondents/accused.

(3.) It is the case of the prosecution that, on 20/5/2000, a report was received by the Virgaon Police Station regarding MLC No. 7462/VMK/ 20/5/2000/12.00, that accused No. 2 Vijay Maruti Chavan, r/o Bhagur, Tq. Vaijapur brought the injured Savita Nankumar Chavan under unconscious state in accident ward of Ghati hospital informing that said patient consumed poison. However, at about 12.20 p.m., on examination by the Casualty Medical Officer, the patient was declared dead. Accordingly, the ASI Shri. Musle attached with the Ghati Outpost passed an information about accidental death of the patient. Accordingly accidental death entry No. 15/2000 was registered and the Head Constable Shri Sopan Nikam was directed to conduct the investigation. The said Head Constable then visited the Vasti of Chavan at village Bhagur and drawn spot Panchanama and seized one insecticide poison box under seizure panchanama. On 21/5/2000, Zero Crime was registered with CIDCO police station and it was then transferred to Virgaon police station, on the basis of which Crime No.16/2000 was registered.