LAWS(BOM)-2015-9-298

THE STATE OF MAHARASHTRA Vs. SAINATH AND ORS.

Decided On September 02, 2015
THE STATE OF MAHARASHTRA Appellant
V/S
Sainath And Ors. Respondents

JUDGEMENT

(1.) Aggrieved by the acquittal of the present respondents from the offences punishable under section 498A, 306 and 504 read with section 34 of the Indian Penal Code, by the learned IVth Adhoc Assistant Sessions Judge, Beed, vide judgement and order dated 1st February, 2003 passed in Sessions Case No. 96 of 2000, the present appeal is filed by the State.

(2.) Out of the present respondents, during the pendency of appeal, respondent No. 1 Sainath and respondent No. 3 Gangadhar have died. In the circumstances, the present appeal survives as regards respondent No. 2 Navnath, brother of deceased respondent No. 1 and respondent No. 4 Panchfulabai, mother-in-law of deceased Sunita and appeal stands abated as against deceased respondents No. 1 and 3.

(3.) Pw8 PSI Vishnu More conducted the investigation in the case. He has recorded inquest panchanama (Exh- 28), spot panchanama and the post-mortem examination of the deadbody was caused. The statements of the relevant witnesses and more particularly the relatives of the deceased were recorded and thereafter, the charge-sheet came to be filed in the court.