Bombay High Court
Manohar Dhanaji Patil vs State Of Maha & Ors on 14 December, 2016
Bench: Z.A. Haq
1 Cr.Revn.Apln. 151.2004 - [J]
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD
CRIM. REVISION APPLICATION
NO. 151 OF 2004
Manohar s/o Dhanaji Patil
Age : 50 Yrs., Occ. Service,
R/o : Plot No. 12,
Ishwar Colony, Old Mehroon
Road, Jalgaon.
ig .... APPLICANT
VERSUS
1. The State of Maharashtra
2. Ravikant s/o Baliram Suryawanshhi
Age : 30 Yrs., Occ. Service,
R/o : Shankarwadi, Jalgaon.
3. Baliram s/o Tukaram Suryawanshi
Age : 55 Yrs., Occ. Service,
R/o : Bhambalwadi, Tq. Raver,
Dist : Jalgaon.
4. Sow. Surekha Ashok Kandelkar
Age : 40 Yrs., Occ. Household,
R/o : Nimkhedi (Bk.),
::: Uploaded on - 20/12/2016 ::: Downloaded on - 21/12/2016 00:15:23 :::
2 Cr.Revn.Apln. 151.2004 - [J]
Tq. Muktainagar, Dist.
Jalgaon. .... RESPONDENTS
.............................
Mr. V.D.Sapkal, Advocate for Applicant.
Mr. K.S.Hoke Patil, A.P.P. for R - 1 - State.
..............................
CORAM : Z.A.HAQ, J.
DATE OF JUDGMENT : 14th DECEMBER, 2016
.............................
ORAL JUDGMENT :
01. Heard Mr. V.D.Sapkal, learned Advocate
for the applicant and Mr. K.S.Hoke Patil, learned
A.P.P. for the non-applicant No. 1 - State.
02. The applicant [father of deceased Jyoti]
has challenged the Judgment passed by the learned
Ad-hoc Additional Sessions Judge acquitting the
accused of the offences punishable u/ss 498-A,304-
B,306 read with section 34 of the Indian Penal Code.
03. The non-applicant Nos. 2 to 4/accused
[husband, father-in-law and sister-in-law respectively
3 Cr.Revn.Apln. 151.2004 - [J]
of the victim] were prosecuted for the offences
punishable u/ss 498-A,304-B,306 read with section
34 of the Indian Penal Code. According to the
prosecution, the marriage between deceased Jyoti
and accused Ravikant was performed on 25/03/1998
and on 09/08/2000 Jyoti was found dead with 100%
burn injuries in the bathroom of her matrimonial
house. The case of the prosecution is that Ravikant
[husband of deceased] and Baliram [father-in-law of
deceased] had been demanding money and were
insulting and illtreating deceased Jyoti.
04. After conducting the trial, the learned Ad-
hoc Additional Sessions Judge concluded that the
prosecution has failed to prove that the accused Nos.
1 and 2 [husband and father-in-law of deceased Jyoti]
subjected deceased Jyoti to cruelty and that the
accused are the cause of dowry death of deceased
Jyoti. The learned Ad-hoc Additional Sessions Judge
acquitted the accused.
05. With the assistance of the learned
4 Cr.Revn.Apln. 151.2004 - [J]
Advocate for the applicant and the learned A.P.P., I
have gone through the impugned Judgment. The
death of deceased Jyoti has taken place in the
matrimonial house within 2 ½ years of her marriage.
There are accusations and evidence on record
regarding demand of money and illtreatment. The
learned Ad-hoc Additional Sessions Judge, after
examining the material on record, has concluded that
cruelty as contemplated u/s 498-A of the Indian Penal
Code is not proved and by a passing reference has
recorded that presumption u/s 113-A of the Indian
Evidence Act will not be attracted.
06. In my view, the conclusions and approach
of the learned Ad-hoc Additional Sessions Judge is
perverse and unsustainable in law. The learned Ad-
hoc Additional Sessions Judge has not properly
appreciated the evidence on record in the light of the
provisions of Section 113-A of the Indian Evidence
Act. In my view, the impugned Judgment is required
to be set aside and the matter has to be remanded to
the Sessions Court for fresh decision.
5 Cr.Revn.Apln. 151.2004 - [J]
Hence, the following order :
[i] The impugned Judgment is set aside.
[ii] The matter is remitted to the Court of
Sessions Judge, Jalgaon, who may himself
decide the matter or make it over to any
ig other Court.
[iii] The matter shall be decided after
considering the evidence already on
record. It is clarified that the parties are
not permitted to bring any further
evidence on record.
[iv] The learned A.P.P. assures that the State
of Maharashtra will be represented before
the learned Sessions Judge on 20/01/2017.
[v] The Sessions Court shall issue notice to the
accused or secure their presence according
to law and dispose of the matter till
6 Cr.Revn.Apln. 151.2004 - [J]
02/05/2017.
[vi] The Criminal Revision Application is allowed
in the above terms.
[Z.A.HAQ, J.]
KNP/Cr.Revn.Apln. 151.2004 - [J]
