JUDGMENT :

1. This is an appeal impugning an order and judgment dated 17th February 2004 passed by the Judicial Magistrate, Fist Class, Shahapur, acquitting the accused of offences punishable under Section 498-A (Husband or relative of husband of a woman subjecting her to cruelty), Section 323 (Punishment for voluntarily causing hurt), 504 (Intentional insult with intent to provoke breach of the peace), 506 (Punishment for criminal intimidation), 494 (Marrying again during lifetime of husband or wife) read with Section 109 (Punishment of abetment if the act abetted is committed in consequence and where no express provision is made for its punishment) of Indian Penal Code (IPC).

2. On 21st February 2020 since nobody was present in Court representing respondents, the Court appointed Ms. Ankita Singhania, an Advocate, as Amicus Curiae. At the request of Ms. Ankita Singhania, as she wanted to consider the papers, the matter was stood over to today. Even today, nobody is present for respondents though the cause list shows the name of Advocate Mr. I.A. Bagaria and Ms. Uma I. Bagaria for respondent nos.1 to 4, 6 and 7. Before I proceed with the case, I must express my appreciation for the assistance rendered and endeavour put forth by Ms. Ankita Singhania, learned Amicus Curiae.

3. It is prosecution’s case that complainant - Surekha Ashok Wagh (PW-1) got married to Ashok @ Ramchandra Bhikaji Wagh (accused no.1) on 27th June 1990 as per Hindu rites and rituals at Nashik. After marriage, they lived in the matrimonial home at Vasind and led a very happily married life. There were other family members in the matrimonial home, which included the brother of accused no.1, sister of accused no.1, her husband etc. and all were doing business of selling vegetables. Accused no.5 is alleged to be the second wife of accused no.1 and accused nos.6 and 7 are her parents. During her stay with accused no.1, PW-1 gave birth to two children, a boy, who in the year 2003 was 8 years old and a girl, who in the year 2003 was 11 years old. Therefore, the boy would be today 25 years and the girl would be 28 years.

4. The father of complainant retired from H.A.L. on 28th February 2001 and he was working in H.A.L. as Driver. At the time of retirement, complainant’s father, who is PW-2 – Sadashiv Jagannath Pawar, received retirement benefits, which accused no.1 came to know about. It is alleged that accused no.1 was of a greedy nature and also used to suspect PW-1 of immorality. According to PW-1, at the time of marriage and thereafter, various household appliances, gold, cash of Rs.50,000/- were all given to accused no.1 within a period of three months of marriage and the other accused, i.e., accused nos.2 to 4 were instigating accused no.1 against PW-1 and accused nos.1 to 4 were harassing and ill-treating her.

5. It seems on 28th February 2001, when PW-2 retired, accused no.1 saw the cheque of retirement benefits and accused no.1 demanded PW-1 to get Rs.1 lakh from her father. PW-1 was completely helpless because her father (PW-2) had to conduct the marriage of her brother. Notwithstanding that, accused no.1 used to mentally and physically harass complainant.

6. Accused no.1 got married to accused no.5 on 21st December 2003 at Siddhivinayak Temple, Palghar, while he was and he is still married to PW-1. Therefore, PW-1 decided to lodge this complaint and after due investigation, chargesheet was filed. All accused pleaded not guilty and claimed to be tried. Statement of all accused under Section 313 of the Code of Criminal Procedure was also recorded and the defence is of total denial.

7. Accused no.1 says that the complaint has been lodged at the instigation of PW-3, who is in service of police department. The same stand is taken by all the other accused.

8. The Apex Court in Ghurey Lal V/s. State of U.P., (2008) 10 SCC 450 has culled out the factors to be kept in mind by the Appellate Court while hearing an appeal against acquittal. Paragraph Nos.72 and 73 of the sa