JUDGMENT :- Heard learned A.P.P. for State. The Respondents-accused were tried for offences punishable under sections 498-A, 323, 504 read with section 34 of the Indian Penal Code. By the impugned Judgment and Order the Respondents-accused persons have been acquitted.

2. When this Appeal from acquittal came up for final hearing on 29th October, 2004, this Court issued notice to the complainant. In order dated 15th December, 2005 the learned Judge of this Court noted that the learned A.P.P. was not in a position to explain as to why the order of issuing notice to the complainant was passed on 29th October, 2004. Therefore, on the same date this court passed an order directing that the Appeal should be placed before the learned Single Judge (V.M. Kanade, J.) who had passed the order dated 29th October, 2004. On 6th February, 2006 this Appeal came up before the Court (V. M. Kanade, J.). In the order passed on that (day) this Court noted that notice was issued in order to see whether any compensation can be paid to the original complainant. In the said order this Court recorded the statement made by the learned A.P.P. for State that out of five accused persons, four accused have already expired and the fifth one is completely bedridden as a result of paralytic stroke. A further statement of the learned A.P.P. was recorded that the complainant has received notice of this Court and she was not desirous of appearing in the court. The learned A.P.P. further stated that a statement was given by the complainant accordingly. The said statement was taken on record and it was directed that it was no longer necessary to hear the complainant in the Appeal. Accordingly, the learned Judge directed that the Appeal should be placed before the Hon’ble Chief Justice for the purpose of assigning the same to the appropriate court. Thereafter, the matter appeared before the another Single Judge (Mohite, J.) and was ordered to be placed for final hearing.

3. The case of the prosecution is that the first Respondent is the husband of the complainant. The second Respondent is the mother-in-law of the complainant. The third Respondent is the sister-in-law of the complainant and the fourth and fifth Respondents are the brothers-in-law of the complainant. The marriage between the complainant and the first Respondent was solemnised on 20th June, 1986. The allegation is that after two months of their marriage the Respondents asked the complainant to bring a sum of Rs.5.0oo/- and a watch from her parents. As the said demand was not complied with, the Respondents started beating the complainant. It is alleged that the Respondent were not providing her food at appropriate time. The Respondents started harassing the complainant as she was not in a position to comply with their demands.

4. On 3rd August, 1988 between the 6.00 p.m. to 12.00 in the midnight the Respondents with their common intention of demanding Rs.5000/- and a watch from the complainant's parents abused and assaulted the complainant and she was kept without food for the whole night. Due to such treatment given by the accused persons, the complainant jumped into the river at Yerwada, Pune and tried to commit suicide. The prosecution alleged that the Respondents have committed offences punishable under sections 498-A, 323, 504 r/w section 34 of the Indian Penal Code.

5. The prosecution examined Malika Memon, the complainant, one Hakimbhai Taherbhai-the father of the complainant, one Shakuntala Sitaram Dhere who is allegedly an eye witness who saw the complainant jumping into the river, Dr. Vishnu Laxman Ughade, a Medical Officer attached to Sassoon Hospital, Pune, Akbar Hakimbhai Shaikh - the brother of the complainant, one Mohammed Iqbal Ashrali and the P.S.I. Vishwanath Khandare. The learned Judicial Magistrate (First Class), Cantonment, Pune held that the prosecution has failed to prove the charges.

6. The learned A.P.P. for the Appellant has taken me through the notes of evidence. He submitted t

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