STATE OF MAHARASHTRA Vs. RAJKUMAR CHANDRAKANT KAVADE

JUDGEMENT

(1.) By this appeal, the State is taking exception to acquittal of respondents / original accused nos.1 to 3 of offences punishable under Sections 498A and 306 read with 34 of the Indian Penal Code recorded by the learned Adhoc Assistant Sessions Judge, Solapur, on 17th June 2002 in Sessions Case No.245 of 2001.

(2.) Case of the prosecution is thus :

(3.) I have heard the learned APP appearing for the appellant / State. He vehemently argued that the spot panchnama does not show any marks to substantiate theory of accidental death. According to the learned APP, the spot panchnama does not reflect any floating vessel in the well water and therefore, the learned trial court erred in concluding that death of Ujwala was accidental. He further argued that evidence of PW1 Mangal - mother of the deceased goes to show that initially there was demand of Rs.25,000/ from deceased Ujwala for repayment of loan and she was subjected to cruelty on account of failure to meet with that demand. He further argued that evidence of PW1 Mangal further shows that on account of Choli ceremony, there was demand of a steel almirah and four tolas of gold from Ujwala and again she was subjected to cruelty on account of this demand. With this, the learned APP argued that prosecution has established cruelty to a married woman by accused persons and therefore, their acquittal needs to be reversed.