GOPINATH KACHRU MAGARE Vs. SATISH GOVIND BHOLE

JUDGEMENT

(1.) By invoking Sec. 372 of Cr.P.C., original complainant, on whose report crime was registered for commission of offence under Ss. 498-A, 306, 304-B r/w 34 of IPC, is hereby assailing the judgment and order of acquittal passed by learned Additional Sessions Judge, Chhatrapati Sambhajinagar in Sessions Case No. 91 of 2017.

(2.) In short, prosecution story in trial court is that, informant's daughter, namely Neeta, was married to present respondent no.1 on 21/2/2011. There was proper treatment to Neeta for initial period of one year, however, after delivery of girl child she was subjected to ill- treatment. After birth of second girl child, ill-treatment was aggravated. That, there was demand of Rs.50,000.00 for construction of house. Getting fed up of said ill-treatment, on 1/10/2016 Neeta consumed poison and succumbed, followed by lodgment of complaint by PW1 father resulting into registration of above crime for above offence, and after chargesheet and trying accused, learned Additional Sessions Judge, by its judgment dtd. 30/8/2025, recorded a finding that prosecution failed to bring home the charges and acquitted the accused. Original informant is the appellant herein, who questions the legality and sustainability of the above judgment.

(3.) Learned counsel for the appellant would point out that, there was mental and physical cruelty on two counts, i.e. firstly, for delivering girl children on both occasions. That, accused desired male child. Secondly, after one year, there was demand of Rs.50,000.00 for construction of house. That, on both above counts, all accused persons who are husband and in-laws, ill-treated deceased Neeta. That, her suicide being within seven years of marriage, there were charges of 304-B of IPC. That, prosecution had rested its case on the evidence of four witnesses. However, said evidence has not been correctly appreciated by the trial court even when the essential ingredients for attracting the charges were available. Consequently, he prays to set aside the impugned judgment by allowing the appeal.