THE STATE OF MAHARASHTRA Vs. VISHNU ZIPARU AAGAVANE

JUDGEMENT

(1.) This appeal is directed against the judgment and order dated 29.01.1999 in Sessions case No.17/1998 passed by Additional Sessions Judge, Dhule, thereby acquitting the respondent/accused of the offences punishable under Section 302 and 498-A of the Indian Penal Code [for short "the IPC "]. The father of the deceased - Shobhabai has filed Criminal Revision Application No.99 of 1999 against the above judgment and order of acquittal of the accused. Therefore, both these proceedings are being disposed of by this judgment.

(2.) The prosecution case as it appears from the police papers, is as under:-

(3.) To prove the charge against the accused, the prosecution has examined in all eight witnesses and it has relied upon dying declaration (Exh.18), oral dying declaration made to PWs.4 and 6 and panchanamas referred to above. On considering the evidence adduced by the prosecution the trial Court held that the death of the deceased is homicidal and that the prosecution has failed to prove the offences under Section 302 and 498-A of the IPC and acquitted the accused by the impugned judgment and order. Therefore, this appeal against the acquittal by the appellant/State.