THE STATE OF MAHARASHTRA Vs. GOVIND

JUDGEMENT

(1.) This appeal is preferred by the State of Maharashtra against the Judgment in Sessions Trial No.1 of 2010 passed by learned Adhoc District Judge1, Nagpur, by which respondent nos. 1 to 4, who are husband, inlaws and sisterinlaw respectively of deceased Meera, came to be acquitted of the offences punishable under Sections 302 and 498A r/w. 34 of the Indian Penal Code.

(2.) The respondents were charged on the count that, on 20.9.2009, at around 3.00 a.m. in the midnight, at their house, in furtherance of their common intention, the respondents committed murder of Meera, intentionally causing her death by forcibly administering her insecticide. The respondents were also charged for having provided mental and physical cruelty to the deceased after her marriage with respondent no.1.

(3.) In brief, the case of prosecution can be stated as under : Deceased was married to respondent no.1 on 24.2009. She was beaten by respondent no.1 in presence of PW2 Manjula Gaidhane - her mother, when she visited her daughter. However, due to such incident of beating, she left her house. Deceased, in that night, attended some program which was arranged in the village on the eve of Durga festival and after returning from the program, was sleeping at home when, at around 3 a.m. in the midnight, her husband woke her up and her inlaws and sisterinlaw beat her with kick and fist blows and in the course of same transaction, respondent no.1 directed his parents to bring the insecticide which was available in their house, who brought the same; upon which, the inlaws of deceased - respondent nos. 2 and 3, caught hold of her hands while respondent no.1 - her husband, forcibly administered her insecticide. Deceased, however, managed to rescue herself from their clutches and was proceeding to Police Station; however, fell down and thereafter, she found herself to be admitted in the hospital.