STATE OF MAHARASHTRA, Vs. MUSTAQ KADU PATHAN

JUDGEMENT

(1.) The present application has been filed by prosecution seeking leave to appeal under Section 378(1) (b) of Cr. P. C. to challenge the acquittal of the respondents / original accused persons by learned Additional Sessions Judge, Aurangabad in Sessions Case No. 83 of 2009 dated 9.3.2016 from the offences punishable under Sections 498A, 304B, 306 read with Section 34 of I. P. C.

(2.) The prosecution has come with a case that informant Hafiz Amir Shaikh is resident of Shahajapur, Tq. & Dist. Aurangabad. He was residing with wife, 2 daughters and 3 sons. His daughter Shakira got married on 13.5.2007 with accused No. 1. She was treated properly after the marriage by her in-laws and husband. In the month of August, accused No. 2, who is the father-in-law of deceased Shakira gave a phone call to informant and told that he should come to meet his daughter to give her understanding. Therefore, informant went to the matrimonial home of Shakira with his wife. At that time, accused Nos. 1 and 2, the in-laws and the Sarpanch of his village Sattar Patel told that Shakira does not do proper work and amount of Rs. 60,000/- is remaining from the promised dowry amount. It should be given. Informant told them that he would make arrangements of money till Diwali. When he met Shakira, at that time she cried and told that she is being harassed by husband, father-in-law, mother-in-law and sister-in-law. They were beating her and she was afraid that she would be killed by them. She, therefore, requested her father to take back, but, he gave her understanding and asked his wife i.e. Shakira's mother to stay for a night. On the same day, in the evening around 7 to 8 PM Shakira went to his house while crying. When she was asked as to why she is crying she told that the informant should come to her house immediately. All the accused persons were abusing and assaulting her by kicks, fist and blows and stick. She also showed the injury marks on her person to her father. When informant asked about his wife, she told that she did not see mother and therefore, she has come to take informant. On the next day informant's wife came back. After about 4 to 5 days, accused Nos. 2 and 3 told informant on phone that about 10 to 12 persons from their side are coming and at that time in presence of all those persons it was informed by the accused No. 2 that Shakira is not behaving properly and informant should give remaining amount of dowry or should take divorce. Informant told that he would give the amount as well as sent his daughter for co-habitation. Accused No. 1 went to informant's house in September and requested that his wife should be sent. At that time, informant told that Shakira is ill and she would be sent after her health becomes normal. After the Ramjan started, he left Shakira to village Loni - the matrimonial home. Thereafter, 8 days prior to Idd, informant went to fetch Shakira for Idd. At that time, Shakira told about the ill-treatment by the accused. On 26.10.2007 informant received a phone call from accused No. 2 stating that accused No. 3 is ill and she has been admitted to GHATI Hospital and informant should come to meet. Thereupon, informant, his wife, son and Shakira went to see accused No. 3 to Ghati Hospital. It was told at that time that Shakira should be sent as the accused persons are facing domestic problem. Even amount of Rs. 100/- was given to the son of informant towards the transportation charges of Shakira. Accordingly, Nafis left Shakira to Loni and came back on 27.10.2007. On 28.10.2007, Sarpanch Sattar informed to the informant that Shakira is serious and admitted to Khultabad Govt. Hospital. Thereafter, nephew of the informant informed him that Shakira expired at night time and she has been brought to Khultabad Hospital and therefore, informant and others went to Khultabad Hospital and saw her dead body. They found froth coming out of the mouth and nose of Shakira. Thereafter, the informant lodged the report stating that all the accused persons have abetted the commission of the suicide by Shakira.

(3.) On the basis of the said F. I. R. offence vide C. R. No. 107 of 2007 came to be registered and investigation was carried out. Panchnama of the spot was executed. Inquest panchnama was executed and dead body was sent for post mortem. Statements of witnesses were recorded. Accused came to be arrested and after completion of the investigation, charge-sheet has been filed.