UDAY UMESH LALIT, J. - (1.) Respondent Nos.1 and 2, husband and mother-in-law of one Poonam were tried for having committed her murder within 7 years of marriage with the Respondent No.1. According to the prosecution, at about 8:00 a.m. on 11.06.2002 a message was received by PW 3 Ananda-father of Poonam that she was missing since previous night, whereafter the father, mother and other persons from the family reached the house of Respondent Nos.1 and 2. On 12.06.2002, the body of Poonam was found in a well. This led to the lodging of FIR Ext.164 by PW 3 Ananda. The Inquest panchanama Ext.13 showed that no injuries were found on the neck, throat or other parts of the body of said Poonam. According to Post mortem report Ext.14 the cause of death was asphyxia due to drowning. After due investigation, charge-sheet was filed and charges were framed against Respondent Nos.1 and 2 and father of Respondent No.1 (who died during the pendency of the trial) for the offences punishable under Sections 498A, 304B, 306 and 302 read with Section 34 IPC by the Court of Additional Sessions Judge, Ichalkaranji in Sessions Case No.6 of 2005.
(2.) In support of its case, the prosecution principally relied upon the evidence of PW 3 Ananda-father, PW 4 Sarjerao-brother and PW 5 Shalan- mother of the deceased Poonam. According to their testimony, the marriage had taken place on 05.05.1996 and the couple was blessed with a daughter and a son; that two to three years after the marriage the accused started demanding Rs.50,000/-, refrigerator, sofa set and five tolas of gold by way of dowry and since these demands were not fulfilled, the in-laws of Poonam were harassing her physically and mentally. It was further stated that Respondent No.1 had illicit relation with another lady.
(3.) The trial court by its judgment and order dated 28.06.2012 acquitted Respondent Nos.1 and 2 of all the charges leveled against them. According to the trial court the death was as a result of drowning and since there were no marks of any physical injury on the body, the case that Poonam was done to death earlier and thereafter her body was thrown into the well, could not be accepted. As regards demands for dowry and cruelty in respect thereof, the trial court found that the prosecution had completely failed to prove these aspects. It was observed that PWs 3, 4 and 5 had not supported the case of prosecution on material aspects and were in fact declared hostile. The trial court thus observed that none of the charges leveled by the prosecution were substantiated by evidence on record.;