MEERA W/O KOLAMDAS SIRSAT Vs. STATE OF MAHARASHTRA THROUGH ITS SECRETARY LAW AND JUDICIARY MANTRALAYA MUMBAI
HIGH COURT OF BOMBAY
Meera W/O Kolamdas Sirsat
State Of Maharashtra Through Its Secretary Law And Judiciary Mantralaya Mumbai
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K.K. Sonawane, J. -
(1.) Leave to add prayer clause granted. Amendment be carried out forthwith.
(2.) The appellant - victim of the crime preferred the present proceeding of appeal under Section 372 of Cr.P.C, inter-alia, seeks leave to present an appeal against the impugned judgment and order of acquittal, passed by the learned Assistant Sessions Judge, Ambejogai, dated 18.12.2013, to redress her grievances. It was the allegations of the prosecution that first informant Meera w/o. Columbus Shirsath, on 03.12.2010, approached to the police of Ambejogai police station and ventilated the grievances that on 01.12.2010, in the morning hours, she was at home with her husband. At about 8.00 a.m. somebody else gave kicks on the door of her house and exhorted to open the door. Accordingly, first informant opened the door and saw that respondents Swapnil Chaudhari, Gautam Chaudhari and one Balasaheb Babruwahan Saware, were standing in front of her house. They made enquiry about her father-in-law Tukaram.
The first informant disclosed that her father-in-law Tukaram was residing separately and they have no concern with him. The respondent became furious and they pushed the first informant Meerabai inside the house. The respondent - trio barged in to the house and they caught hold of the husband of first informant. They beaten him up saying that his father Tukaram had taken Rs. 4 Lakhs from them and he should refund the amount. The respondent gave threats of life to the husband of first informant She made endeavour to persuade the respondent but all her efforts found unavailing.
The respondent/accused dragged her husband - Columbus out of the house and made him to sit in the vehicle jeep. Thereafter, the respondent/accused went away in the vehicle jeep with her husband. It has been alleged that at the time of incident of kidnapping her husband Columbus, the landlord Shri Dhanraj Maind and one Pratik Jogdand were present on the spot. They tried to intervene in the fight, but the respondent pushed them aside and escaped from the spot. According to the first informant, the respondents accused kidnapped her husband with an intention to commit his murder. The first informant moved an application under Section 97 of Cr.P.C. for production of her husband before the court. Eventually, she approached to the Ambejogai police station and filed the impugned FIR for redressal of her grievances.
(3.) Pursuant to FIR, the concerned PSO, registered the crime No. 181 of 2010 and set the penal law in motion under Section 452, 364, 323, 506 r/w. 34 of IPC. I.O. visited to the spot and drawn the panchanama. He recorded the statements of witnesses acquainted with the facts of the case. I.O. collected the relevant documents. Meanwhile, the accused set free the victim Columbus near the gate of Amba Sugar factory. He returned to home. I.O. recorded his statements. After completion of investigation, I.O. preferred the charge sheet against the respondent/accused for the charges of kidnapping, house trespass, voluntarily causing hurt, criminal intimidation etc. before the learned Magistrate, Ambajogai.;
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