Decided on January 18,2018

Ramnath S/O Dhondiram Dandge Respondents


T. V. Nalawade, J. - (1.) The appeal is filed against judgment and order of Sessions Case No. 108/2005, which was pending in the Court of learned Additional Sessions Judge, Aurangabad. The Trial Court has acquitted all the accused of the offences punishable under sections 498-A, 302 r/w. 34 of Indian Penal Code (hereinafter referred to as 'IPC' for short). The present appeal is filed only against accused No. 1 Ramnath s/. Dhondiram Dandge. Both the sides are heard.
(2.) In short, the facts leading to the institution of the present proceeding can be stated as follows :- Deceased Chandrakala was sister of first informant Vaijinath Palaskar. Vaijinath is resident of village Palsi, Tahsil and District Aurangabad. Chandrakala was given in marriage to accused No. 1 Ramnath Dandge about seven years prior to the incident in question. Ramnath hails from village Warud Kazi, Tahsil and District Aurangabad. Lilabai, another sister of Vaijinath was also given in marriage in the same village i.e. Warud Kazi and the house of Lilabai is situated at some distance from the house of accused persons. Accused No. 3 is mother of accused No. 1, accused No. 2 is real brother of accused No. 1 and accused No. 4 is wife of accused No. 2. Two issues were born to the deceased from accused No. 1.
(3.) From about two years prior to the date of incident, the deceased had started disclosing to her relatives on parent's side that all the accused were giving illtreatment to her. The deceased had disclosed that there was illicit relation between accused No. 1 and accused No. 4. She had disclosed that accused had suspicion that the deceased was disclosing about this relationship to persons from outside and due to that, they were giving illtreatment to her. On petty counts, accused were quarreling with deceased and they were even giving beating to the deceased. On the day of Dasara festival of the year 2004, accused No. 4 had given beating to deceased for the same reason and that was also disclosed by the deceased to first informant and other relatives.;

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