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The State Of Maharashtra vs Chandraprakash Maruti Patil And … on 18 June, 2019

1 929APPLN7223.2017

IN THE HIGH COURT OF JUDICATURE AT BOMBAY.
BENCH AT AURANGABAD

CRIMINAL APPLICATION NO.7223 OF 2017

The State of Maharashtra … Applicant

VERSUS

Chandraprakash Maruti Patil Ors. … Respondents

……….
Shri. A. A. Jaga tkar, APP for applicant/State
Respondents No. 1 to 4 served.
………….

CORAM : A. M. DHAVALE, J.

DATE : 18TH JUNE, 2019

PER COURT :-

1. The learned APP submits that, respondents No. 1 to 4 are

served with notices. The Court Sheristedar confirm the said fact but

they are absent.

2. Heard learned APP. Accused No. 2 is husband of

informant. Accused Nos. 1, 3 and 4 are his father, maternal aunt and

mother, respectively. They were prosecuted for offence u/s 498A r/w

34 SectionIPC. The accused were prosecuted for subjecting the informant to

cruelty for making dowry demands of gold of two tolas and cash of

Rs.50,000/- for purchase of bike.

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2 929APPLN7223.2017

3. The approach of the ld. Sessions Judge in writing the

judgment is un-understandable. He discusses the legal position about

reasonable doubt and his rest of the appreciation is cryptic,

telegraphic and vague. He states that, the evidence of witnesses is

not in harmony. He wrote, mere demand is not enough but it should

be made for purpose of coercing the complainant to meet the

demand. The appreciation needs to be reconsidered.

4. Hence, application for leave to appeal is allowed. The

appeal be registered. On registration of appeal, issue notice to the

respondents, returnable within six weeks thereafter.

[ A. M. DHAVALE ]
JUDGE

Punde

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