STATE OF MAHARASHTRA Vs. DINESH RAIBHAN JANJAL

JUDGEMENT

(1.) Taking exception to the respondents' acquittal recorded by the learned Additional Sessions Judge, Akola, for offence punishable under sections 302 and 498a read with section 34 of the Penal Code, the State has preferred this appeal.

(2.) Facts, which led to prosecution of the respondents are as under :

(3.) Accused No. 1 Dinesh was married to Jyoti. Two children - Sonu, aged three years, and Sachin, aged 11/2 Years - were born out of this wedlock. Accused no. 2 Vachhalabai and No. 3 Raibhan are parent of accused No. 1 Dinesh, whereas, accused No. 4 Bajirao is their kinsman. Accused No. 1 Dinesh, husband of Jyoti, used to ill-treat Jyoti at the instance of remaining three accused persons. He used to starve her. Jyoti had given birth to third child, which expired. Jyoti had disclosed ill treatment to her parents, but went back to matrimonial home voluntarily. On 1-5-1994, victim's brother Shankar had called on the victim. At that time, Jyoti expressed that there was threat to her life and, therefore, she wanted to accompany him. She could not, however, return to her parental home. At about 10 p. m. on 1-5-1994, accused No. 1 reported to the police that his wife and children were found missing in the evening and he guessed that they may be in the well, since he had seen the dead body of his son in the well. On this report, the police reached the spot and commenced investigation. The dead bodies were taken out of the well and after inquest, were sent for post mortem examination. The police recorded statements of witnesses and since the investigation revealed complicity of these four accused, they were arrested. On completion of investigation, charge-sheet was sent to the Court of Judicial Magistrate First class, Akot, who committed the case to the Court of Sessions at Akola.