2026:BHC-AUG:2430-DB IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD CRIMINAL APPEAL NO. 302 OF 2003 The State of Maharashtra ... Appellant Through Virgaon Police Station, (Ori.

Tq. Vaijapur, Dist. Aurangabad Complainant)

VERSUS

1. Nandkumar s/o Maruti Chavan Age 29 years, Occu: Nil R/o Bhagur Tq. Vaijapur Dist. Aurangabad

2. Vijay s/o Maruti Chavan ... Respondents Age 30 years, Occu: Agri. (Orig. Accused)

R/o As above

3. Sunanda s/o Vijay Chavan Age 25 years, Occu: Agril.

R/o As above

4. Parigabai w/o Chandrabhan Mohite, Age 35 years, Occu: Household R/o Ayodhyanagar, Aurangabad

5. Sunil s/o Parshuram Avhale, AGe 28 years, Occu: Service R/o As above Mr. S. P. Sonpawale, Addl. PP for the Appellant-State Mr. Niesh S. Ghanekar, Advocate for the Respondents-accused CORAM : SANDIPKUMAR C. MORE &

Y. G. KHOBRAGADE, JJ.

RESERVED ON : 02.12.2025 PRONOUNCED ON : 21.01.2026 JUDGMENT (Per: Y. G. Khobragade, J.)

1. By the present appeal under Section 378(1) of the Criminal Procedure Code, the prosecution takes exception to the judgment and order dated 10.01.2003 passed by the learned Adhoc Additional Sessions Judge, Aurangabad, in Sessions Case No. 224 of 2000, whereby, the respondents/accused are acquitted for the offences punishable under sections 498-A and 304-B read with section 34 of the Indian Penal Code in connection with Crime No. 16/2000, registered with Virgaon Police Station, Tq. Vaijapur District Aurangabad.

2. Heard Mr. S. P. Sonpawale, learned Addl. P.P. for the appellant/State, and Mr. Nilesh Ghanekar, learned counsel for the respondents/accused.

3. It is the case of the prosecution that, on 20.05.2000, a report was received by the Virgaon Police Station regarding MLC No. 7462/VMK/ 20-5-2000/12.00, that accused No. 2 Vijay Maruti Chavan, r/o Bhagur, Tq. Vaijapur brought the injured Savita Nankumar Chavan under unconscious state in accident ward of Ghati hospital informing that said patient consumed poison. However, at about 12.20 p.m., on examination by the Casualty Medical Officer, the patient was declared dead. Accordingly, the ASI Shri. Musle attached with the Ghati Outpost passed an information about accidental death of the patient. Accordingly accidental death entry No. 15/2000 was registered and the Head Constable Shri Sopan Nikam was directed to conduct the investigation. The said Head Constable then visited the Vasti of Chavan at village Bhagur and drawn spot Panchanama and seized one insecticide poison box under seizure panchanama. On 21.05.2000, Zero Crime was registered with CIDCO police station and it was then transferred to Virgaon police station, on the basis of which Crime No.16/2000 was registered.

4. Thereafter, the informant Shivaji Madhavrao Kankale, father of deceased Sivata, lodged a report on 20.05.2000 with CIDCO Police Station alleging that, on 08.05.1999, marriage of his daughter Savita was solemnized with accused No.1 Nandkumar Maruti Chavan and after marriage, his daughter Savita was visiting at her parental house and was telling that her husband-accused no.1 was demanding Rs.50,000/- for securing employment and said amount was out of dowry dues. The informant further alleged that accused no.1- husband of his deceased daughter, accused No.2 Vijay Maruti Chavan- brother in law of deceased, Accused No.3 Sunanda -wife of Vijay Chavan, accused No.4 Parigabai sister-in-law of deceased and accused No.5 Sunil- maternal uncle of the accused nos.1 and 2 were pressuring the deceased Savita to bring money from her father to secure job of teacher for accused No.1 and on that count, she was being harassed. It is further alleged that during the period from 16.04.2000 to 18.04.2000, his daughter Savita had visited his house to appear for examination and at that time she disclosed him that on 14.04.2000, her husband/accused no.1, her brother-in-law/accused No.2 abused her and beaten by saying that, though one year had been passed, but neither remaining amount of dowry has been paid nor job was secured for accuse