Criminal Appeal by the State challenging acquittal for offences under Sections 498A, 347, and 506 IPC. Court found lack of independent witnesses and unsupported prosecution evidence. Appeal dismissed upholding acquittal.
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
APPELLATE SIDE
CRIMINAL APPEAL NO. 158 OF 1991
State of Maharashtra .. Appellant
versus
Ramling Nivrutti Shinde & 2 ors... Respondents
Mr.D.P. Adsule, APP for the State.
None for the respondents.
CORAM : V.M. KANADE, J
DATED : 24th November 2004.
ORAL ORDER:-
1. Heard the learned APP appearing on behalf of
the State. None appears for the respondent.
2. The State is challenging the judgement and
order passed by the C.J.M. Court, Solapur in RCC
no.224 of 1987. By the said judgement and order, the
learned Magistrate acquitted the respondent accused of
the offence punishable u/s.347, 498A, 506 r/w sec.34
of the IPC.
3. The prosecution case is that the brother of
accused no.1 died few days before his marriage with
the complainant. Due to this incident, the family
members of the accused blamed the complainant for the
death of the brother of accused and used to harass her
and beat her on many occasions. I have perused the
judgement and order passed by the trial Court. The
prosecution has not examined any independent witnesses
to corroborate the statement of the complainant.
Medical evidence also does not support the contention
of the complainant. The prosecution has not examined
any other independent witnesses. On the contrary,
witnesses who are examined are interested witnesses.
They are also involved in criminal case which fact has
been admitted by the Investigating Officer. From the
letters which are written by the complainant to her
father which are brought on record clearly demonstrate
that she was not happy and was not interested in
staying with the accused. She also expressed her
regret in the letters and questioned her father as to
why he had given her married to the accused no.1. The
other witnesses who are examined have admitted that
they had no direct knowledge about the incident
whether the complainant was assaulted by the accused.
4. The finding given by the trial Court
therefore, in my view will have to be confirmed.
5. Appeal filed by the State is dismissed.
V.M.KANADE, J
1 issue framed by the court
Whether acquittal of respondent in Section 498A IPC offence by trial court should be set aside on appeal by State.
3 provisions across 1 enactments
State of Maharashtra
Ramling Nivrutti Shinde
V.M. Kanade
As recorded by the court registry
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