STATE OF MAHARASHTRA Vs. SHAIKH SATTAR SHAIKH EBRAHIM

JUDGEMENT

(1.) This is an appeal preferred by the appellant. State to challenge the judgment of the learned Judicial Magistrate First class, Court No. 1, Nagpur in Regular Criminal Case No. 17/1995, by which he recorded acquittal of the respondents for the offence punishable under section 498-A, read with section 34 of the Indian penal Code.

(2.) The facts leading to the prosecution of the respondents were that the respondent No. 1 Shaikh Sattar is husband of the alleged victim Parvin Bano. Respondent no. 2 Shaikh Babu is brother of the husband. Shaikh Sattar. Respondent no. 3 Jamila Shaikh ebrahim is the mother of the said Shaikh Sattar, whereas, respondent no. 4 Ku. Farjana is sister of respondent no. 1. husband of said Parvin. on 14. 8. 1994, the father of Parvin Bano namely abdul Wahab. P. W. 2 filed a report against the respondents in police Station Ganeshpeth, Nagpur saying that respondents are subjecting the said Parvin Bano to cruelty. According to him, respondents were demanding Zumka, necklace etc. to Parvin Bano. So also respondent no. 1 Shaikh Sattar used to demand Rs. 10,000/for starting garage. For these demands, it is alleged, all the respondents used to beat Parvin Bano. It is alleged that Parvin Bano was to be admitted in the hospital and thereafter her father Abdul wahab reported to the police. It is also alleged that one of such incident had occurred on 19. 6. 1994 i. e. prior to this incident for which also complaint was lodged to the Police Station, upon which the offence was registered. After due investigation, the respondents came to be charge-sheeted for the aforesaid offences in the court of judicial Magistrate First Class, Nagpur.

(3.) The charge was framed against respondents. Same was explained to them. They pleaded not guilty. Their defence is that of total denial. The prosecution led evidence of four witnesses in order to establish the guilt of the respondents. P. W. 1 Parvin is wife of respondent no. 1. Her statement before Police is at Exh. 21. P. W. 2 abdul Wahab is the father of said Parvin Bano. He has lodged report to Police Station which is at Ex. 24. P. W. 3 Ayubkhan is examined as per Ex. 23. He is neighbour of respondents, he has deposed about the quarrel between the complainant Parvin Bano and the respondent for the demand of dowry and also regarding ill-treatment. P. W. 4 Shakil is witness to spot panchnama, he has however, turned hostile to the prosecution. The Investigating officer was not examined.