STATE OF MAHARASHTRA Vs. VIJAY TUKARAM KUSALKAR

JUDGEMENT

(1.) This is an application by the State seeking leave to appeal for challenging the judgment and order dated 3.9.2013 passed by the learned Additional Sessions Judge, Sangamner in Sessions Case No. 18/2009 thereby acquitting the respondents accused of the offences punishable under Sections 302 and 498A r/w 34 of the Indian Penal Code, 1860.

(2.) Heard learned APP for the State. She vehemently argued that two dying declarations of deceased Rekha are consistent and point out finger to guilt to the respondents - accused. Apart from those dying declarations, there are oral dying declarations of deceased Rekha made to her relatives which show that respondent accused No.1 husband, on instigation of other accused persons, set Rekha ablaze thereby causing her homicidal death. She further argued that the evidence of uncles and mother of deceased Rekha is sufficient to infer cruelty as defined by section 498A of the the Indian Penal Code, 1860 and as such, view taken by the learned Additional Sessions Judge in acquitting the respondents accused is perverse. As against this, the learned Counsel appearing for respondents / accused supported the impugned judgment and order of acquittal.

(3.) With the assistance of the learned Counsel appearing for the parties, we have gone through the record and proceedings including deposition of witnesses and documents placed on record.