BABGONDA BHUJGONDA PATIL Vs. AVINASH GUNADHAR PATIL

JUDGEMENT

(1.) HEARD Mr. Ingale for the petitioner, Mr. Pradhan for respondent Nos. 1 and 2, and learned A. P. P. for the State/respondent. This revision is filed by father of deceased Suvarna alias Jyoti against order of acquittal passed by 3rd Additional Sessions Judge, Kolhapur (B. T. Narwade) acquitting the respondents/accused of the offences under section 498-A, 304-B, 306 r/w section 34 of the Indian Penal Code.

(2.) COUNSEL for the petitioner pointed out that deceased Suvarna was married to accused No. 1 on 3-6-1993, that she delivered a male child on 2-6-1994 and that thereafter she resided at her fathers house for 6-7 months, that in January she returned back to her husbands house and committed suicide by hanging her in her house. On the complaint lodged by present petitioner, respondent Nos. 1 and 2 were prosecuted for the aforesaid offences, wherein prosecution has examined in all nine witnesses and also relied upon suicide note written by deceased Suvarna.

(3.) COUNSEL for the petitioner pointed out from the judgment of the trial Court that this important piece of evidence i. e. suicide note Exhibit 20 and hand writing experts opinion proving that this note was written by deceased Suvarna, was not at all considered by the trial Court and this has resulted in utter failure of justice. He also pointed out that evidence of the witnesses who were related to deceased Suvarna was rejected by the trial Court on the ground that they are interested witnesses. He drew my attention to Paragraph No. 15 of the judgment wherein trial Court has noted presence of those witnesses in Court on the date of judgment, and inference was drawn by trial Court from their presence in the Court on that day.