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2021 Supreme(Bom) 211

PRASANNA B.VARALE, V.G.BISHT
State of Maharashtra – Appellant
Versus
Fatima Mahamad Shaikh – Respondent


Advocates:
Advocate Appeared:
For the Appellant : V.B. Konde Deshmukh.
For the Respondent: S.D. Thokade.

JUDGMENT :

V.G. BISHT, J.

1. This appeal is filed by the State challenging the judgment and order of acquittal dated 20th April, 2002 passed in Sessions Case No. 115 of 2000 by learned 5th Additional Sessions Judge, Kolhapur for the offences punishable under Sections 498-A, 304 (b) read with 34 of the Indian Penal Code, 1860 (for short “IPC”).

2. The occurrence that led to launching of prosecution is that, Yasmin Iqbal Shaikh (since deceased), daughter of informant, was married to accused Iqbal Mahamad Shaikh (A-2) in October, 1999. After the marriage, the deceased started residing with her husband and the family members viz. accused Fatima Mahamad Shaikh, mother-in-law (A-1), Rafiq Mahamad Shaikh, brother-in-law (A-3) and Nilofar alias Radhika Rafiq Shaikh, wife of A-3(A-4):

    (a) The prosecution alleges that the deceased was treated well for some days. Since last four to five months prior to the incident started harassing her and demanded gas, stove, TV, steel cupboard and gold ornaments. All these facts were told by deceased to her mother. Even they gave their own gas cylinder, gas, stove and regulator but despite that harassment continued.

(b) On 7th April, 2000 as there was festival

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