STATE OF MAHARASHTRA Vs. DILIP RAGHUNATH CHAVAN

JUDGEMENT

(1.) The State of Maharashtra has filed this appeal against the judgment and order passed by the Sessions Judge, Ratnagiri in Sessions Case No.50 of 1988 whereby the accused was acquitted of the offences punishable under Section 302, 307 and 325 of I.P.C.

(2.) Brief facts giving rise to this appeal are as under:

(3.) On the day of incident i.e. on 2.5.1988 Sakharam returned home in the evening. When he got down from the S.T. bus he found that accused was waiting for the bus. At that time, accused asked Sakharam as to whether he would be sending Sulochana with him or not. He was in angry mood. Sakharam tried to pacify him and told him that first he should get job and then take his wife. When Sakharam reached home, his wife Savitri, the deceased in the instant case told him that she told the accused that he should not take Sulochana till the arrival of Sakharam. On that day at night Sakharam and other family members waited for a long time with a hope that accused will return for taking meals. However, till late at night he did not return. Hence, the other family members finished their dinner and went to bed.