The prosecution must establish the necessary ingredients for attracting the charges under Sec. 498-A and Sec. 304-B of the Indian Penal Code.

JUDGMENT

ABHAY S.WAGHWASE,J. - Judgment and order of acquittal passed by the learned Additional Sessions Judge, Kandhar, Dist. Nanded in Sessions Case No. 44 of 2012, dtd. 30/1/2018 is impugned herein by original informant.

Background of the case in brief is as under

2. Present appellant set law into motion by approaching Osmannagar Police Station, Nanded on 22/2/2012, alleging that he resides with his family. His elder daughter Payal was married to present respondent No.2 Ganeshsingh in 2011. After few days of marriage, in-laws and husband started ill treating and harassing Payal and she informed about it. They were insisting Payal to bring Rs.30,000.00, and in that backdrop she was kept starved and beaten. In spite of complying demand of Rs.10,000.00, ill treatment and harassment continued. On 5/2/2012, he had given understanding to accused persons. On 6/2/2012, around 11.30 p.m., he received message that his daughter's condition has deteriorated and therefore he reached at Kalambar (Bk.) and then he informed his daughter lying on the cot. He and one Pavansingh Bais, immediately took is daughter to hospital but there while undergoing treatment she expired on 6/2/2012 itself in the evening. Hence, father lodged report against husband and in-laws. On the strength of which police registered crime bearing No.20 of 2012.

3. Investigation was carried out and after its completion accused were charge-sheeted. Learned Additional Sessions Judge, Kandhar conducted sessions trial case vide No. 44 of 2012, during which evidence on behalf of prosecution was adduced and examined. After conclusion of trial, arguments were heard by the learned trial Judge and finally by judgment and order dtd. 30/1/2018, the learned trial Judge held that prosecution has failed to prove the charges and thereby acquitted accused - respondent Nos.2 to 4 from offence under Sec. 498-A, 304-B read with Sec. 34 of Indian Penal Code.

4. By invoking Sec. 372 of the Code of Criminal Procedure, father informant is questioning the legality and sustainability of the said judgment and order by way of instant appeal on various grounds raised in the appeal memo which could be summarized as under:-

Firstly, there is failure on the part of trial court in appreciating the oral and documentary evidence on record.

Secondly, evidence of prosecution witnesses is unfortunately disbelieved and case is decided on surmises and conjectures.

Thirdly, in spite of availability of oral and documentary evidence which unerringly pointed of guilt of accused, trial Judge unfortunately acquitted the accused persons.

Fourthly, prosecution had established the guilt by examining eight witnesses who were consistent and corroborating each other, but the learned trial Judge did not appreciate the same.

Fifthly, evidence of informant was cogent and trustworthy and it was brought on record that after marriage there was demand of money and on non fulfillment, harassment had begun. Deceased had informed promptly and therefore informant had given understanding and have even met part demand, but such evidence has been overlooked by the learned trial Judge.

Therefore for all of reasons, it is prayed that judgment and order passed by the learned Additional Sessions Judge not being sustainable in the eyes of law, is required to set aside by allowing the appeal.

5. On behalf of State learned APP would submit that there was sufficient cogent evidence about demand and ill-treatment. Including informant father and other witnesses had also testified about conduct of accused towards deceased. That, unnatural death has taken place within seven years of marriage and there was charge under Sec. 498-A also, offence of Sec. 304-B of IPC was also made out, but the same has not been considered and appreciated by the learned trial Judge and therefore he also submits that the judgment and order under challenge is required to be interfered with by allowing an appeal.

6. We have given anxious thought to the submissions made befor