GULAB SOPANRAO KHARWADE Vs. NAVNATH PARASRAM PADGHAN

JUDGEMENT

(1.) Rule. Rule made returnable forthwith. With the consent of parties matter is heard finally.

(2.) This is an application for quashing and setting aside the judgment and order dated 18-2-2008 passed by the Additional Sessions Judge, Parbhani in session Trial No.78/2006. By the said judgment and order the original accused no.1 to 4 are acquitted under section 498-A, 304-B, 306 read with 34 of Indian Penal Code.

(3.) The learned counsel appearing for the petitioners contended that the death took place within 7 years from the date of marriage of the deceased. It is further submitted that the husband is custodian of wife and accused husband has no explanation to offer as to how the death took place. The learned counsel invited my attention to the provisions of section 113-A of the Evidence Act. He further submitted that if panchnama is carefully perused nowhere it is stated that the deceased went to well to fetch the water. He further submitted that the findings recorded by the Sessions Court are perverse. The reasons recorded by the Sessions Court are not satisfactory and the respondents are wrongly acquitted. He further submitted that there is presumption under section 113 of the Evidence act if the death occurred within 7 years from the marriage the same is dowry death. Therefore, he submitted that this Court may quash and set aside the impugned order and remand the matter back to the trial Court for recording fresh evidence and trial.