Case Note & Summary
The State of Maharashtra appealed against the acquittal of original accused No.1, Subhash Balaji Kalbande, who was charged under Sections 498A and 302 read with 34 of the Indian Penal Code. The prosecution alleged that the deceased, Meerabai, was married to the accused and was subjected to cruelty and demand of Rs.40,000 for a side business. On 27 April 1999, when the family members were away for a marriage, Meerabai was found dead in the field with a head injury. The prosecution relied on circumstantial evidence including recovery of a wooden 'Janole' and a blood-stained Banyan at the instance of the accused, and medical evidence indicating death due to haemorrhagic shock from a head injury caused by a hard and blunt object. The trial court acquitted all six accused. The High Court heard arguments and perused the evidence. The judgment was reserved on 22 June 2017 and pronounced on 3 July 2017. The extracted portion does not contain the final decision or reasoning of the High Court.
Issue of Consideration
Whether the trial court's acquittal of the accused under Sections 498A, 302 read with 34 of the Indian Penal Code was justified based on the evidence on record.
Case Details
2017 LawText (BOM) (07) 47
Criminal Appeal No. 328 of 2000
S.S. Shinde and S.M. Gavhane
Mr. R.V. Dasalkar, A.P.P. for Appellant; Mr. R.N. Chavan Advocate with Mr. Vijay Sharma Advocate for Respondent
Subhash s/o Balaji Kalbande
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Nature of Litigation
Criminal appeal against acquittal
Remedy Sought
State seeks reversal of acquittal and conviction of accused under Sections 498A and 302 read with 34 of the Indian Penal Code, 1860
Filing Reason
Trial court acquitted original accused No. 1 and others of all charges; State appealed against the acquittal of accused No. 1
Previous Decisions
Sessions Trial No. 124 of 1999, Additional Sessions Judge, Parbhani, acquitted all accused including respondent on 19th April 2000
Issues
Whether the prosecution proved the demand of Rs.40,000 and cruelty under Section 498A IPC.
Whether the circumstantial evidence established the guilt of accused No. 1 for murder under Section 302 IPC.
Whether the trial court correctly appreciated the evidence, including the medical opinion and recovery of articles.
Judgment Excerpts
Hence this Appeal is preferred by the State challenging the acquittal of original accused No.1 Subhsh s/o Balaji Kalbande.
The probable cause of death was due to "haemorrhagic shock due to head injury".
He admitted that if one falls forcefully, on a hard substance, occurrence of said single injury mentioned in Column No.17 is also possible.
During the life time of Meerabai, he had nowhere lodged any complaint about illtreatment which she was facing that time.
Procedural History
FIR lodged on 28th April 1999; investigation and charge-sheet filed; trial in Sessions Court, Parbhani (Sessions Trial No. 124 of 1999); all accused acquitted on 19th April 2000; State filed Criminal Appeal No. 328 of 2000 before Bombay High Court; appeal heard on 22nd June 2017; judgment pronounced on 3rd July 2017.
Acts & Sections
- Indian Penal Code, 1860: 498A, 302, 34
