THE STATE OF MAHARASHTRA Vs. ASHOK MAHADEORAO GAWANDE

JUDGEMENT

(1.) State has preferred this appeal being aggrieved by the judgment and order dated 16/11/2010 passed by Additional Sessions Judge, Darwha in Sessions Trial No.96/2004 thereby acquitting respondents/accused for the offences punishable under Sections 498-A, 304-B, 306 read with Section 34 of Indian Penal Code.

(2.) The prosecution case, in brief, is thus : Deceased Chanda alias Kamla was sister of P.W.2 Santosh and daughter of P.W.3 Deorao. Deceased Chanda was married to accused no.1 Ashok on 30/4/1999. Accused no.2 Baby and accused no.3 Vanita are the married sisters of accused no.1 Ashok. Accused nos.4 Arun and accused no.5 Gajanan are brothers of accused no.1 Ashok. Accused nos.6 Mahadeo and accused no.7 Suman are parents of accused no.1 Ashok. Accused no.8 Namdeo is friend of accused no.1 Ashok. It is the prosecution case that after marriage of deceased Chanda with accused no.1 Ashok, she was always subjected to cruelty at the hands of accused persons. Accused no.1 Ashok used to assault deceased Chanda on the instigation of other accused persons and subjected her to cruelty on account of demand of dowry. It is the further case of prosecution that whenever deceased Chanda used to come to the house of her parents, she used to inform her parents about cruelty caused to her. It is the prosecution case that Chanda committed suicide by consuming poison due to cruelty caused to her by accused persons. It is the prosecution case that though she had consumed poison, she was not moved to any Hospital, but kept in the house till her death and thereafter was taken to Government Hospital, Yavatmal. Investigation was set into motion on the basis of report (Exh. 52) vide which Crime No.3/2001 came to be registered against accused. Accused were arrested during the period from 6/1/2001 and 15/1/2001. After conclusion of investigation, charge-sheet came to be filed in the Court of Judicial Magistrate, First Class, Digras. Since case was exclusively triable by learned Sessions Judge, same came to be committed to the Sessions Court. Charge came to be framed vide Exh. 37. Accused pleaded not guilty and claimed to be tried. On conclusion of trial, learned trial Judge passed the order of acquittal as aforesaid. Being aggrieved thereby, the State has filed the present appeal.

(3.) Shri Ukey, learned Additional Public Prosecutor for appellant, submits that learned trial Judge has grossly erred in passing the order of acquittal when there was voluminous evidence to establish that deceased Chanda was subjected to cruelty, as a result of which she has committed suicide. It is submitted that learned trial Judge ought to have passed order of conviction against accused either under Section 304-B of Indian Penal Code or under Section 306 of Indian Penal Code.