STATE OF MAHARASHTRA Vs. KAILAS

JUDGEMENT

(1.) This Appeal is filed by the appellant-State, challenging the judgment and order of acquittal passed by the Additional Sessions Judge, Aurangabad on 30th Oct., 1999 in Sessions Case No.241/1997.

(2.) The prosecution case in nutshell is as under :

(3.) Prior to 20 to 25 days of the incident, deceased Mhalsabai came at village Deolana, and lateron she went to Mahalgaon to visit relative, who was counting last days of his life. At that time the tablets, which were with the deceased Mhalsabai, were shown to the informant. He took Mhalsabai to Dr. Boralkar for check up, and during checkup he came to know that the said tablets are useful for abortion purpose, and because of consuming said tablets, she aborted. Lateron the elder brother of accused no.1 Kailash i.e. son-in-law of the informant, maternal uncle of accused no.1 Kailas namely Kachru Tupe, Kashinath Dadke requested the informant to give permission to perform the second marriage, and if not permitted, then accused no.1 will perform the second marriage. Because of receiving such threats, permission was given to accused no.1 by the informant to perform a second marriage. Further, two rooms out of the residential house of the accused were also given to the deceased Mhalsabai under the registered partition deed.