STATE OF MAHARASHTRA Vs. NANDKISHOR WAMANRAO KUBDE

JUDGEMENT

(1.) Being aggrieved by the judgment and order of acquittal dated 28.07.2004 passed by the learned 3rd Additional Sessions Judge, Amravati in Sessions Trial No.185/2002, by which the learned Judge of the Court below acquitted the respondents of the offence punishable under Sec. 498A, 306 read with Sec. 34 of the Indian Penal Code, the State is before this Court.

(2.) I have heard Mr. Madiwale, learned A.P.P. for the State. Counsel for the respondents chose not to remain present when the appeal was taken up for its final hearing.

(3.) Intimation was given to Police Station, City Kotwali, Amravati by Police Constable about death of Sandhya on 15.05.2002, when she was brought to Irwin Hospital in a serious condition. On getting such an information about death, an Accidental Death came to be registered since at that time, cause of death was not ascertained. Thereafer, her body was sent for post mortem. During the investigation on 16.05.2002, Rajesh Titre (PW1) lodged oral report (Exh.35) with Police Station. On the basis of the said, a crime was registered vide Crime No. 38/2002. The printed FIR is at Exh.36. The gist of the FIR is that after marriage of the deceased with the respondent no.1 Nandkishor, whenever she used to come to her parental house, she used to disclose that there is harassment to her and the respondents are demanding Rs. 50,000/