1 FARAD CONTINUATION SHEET NO. IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD CRIMINAL REVISION APPLICATION NO.101/2008. (Rekha w/o Datta Suryawanshi Vs. Datta s/o Kisan Surayawanshi and Ors.) ----------------------------------------------------------------------------------------------------------- Office notes, office Memoranda of Coram,appearances, Court’s orders Court’s or Judge’s orders. or directions and Registrar’s orders ----------------------------------------------------------------------------------------------------------- Mr.RS Shinde, Advocate for Applicant; Mr.SN Boiwar, Adv. h/for Mr. MA Kandharkar, Adv. for Respondent Nos. 1 to 8 Mr.KM Suryawanshi, APP for Respondent No.9- State. ___ CORAM : K.U.CHANDIWAL, J. DATE : 4 th September,2009. 1. Heard both learned Counsel extensively. 2. The decision of acquittal in RCC No. 05/2003 for an offence in terms of Section 498A, 323, 504, 506 r/w 34 of IPC, dated 6.7.2005 by the learned JMFC, Omerga, is subject of criticism by the estranged wife Rekha. 3. During the course of submissions, it is informed, and not controverted, that only one witness, that too brother of the husband, was examined and the learned Prosecutor, who had filed Evidence Closure Purshis, did not offer any opportunity to the wife or other related witnesses to be examined. The gravity of the matter, where the wife 2 alleged cruelty at the hands of her in- laws, has given dilution by such condemnable conduct of the learned APP. The manner in which the matter was heard and disposed off, desires that it should be remitted back to the learned Judge to deal with the evidence in proper perspective and manner. 4. Criminal Revision Application is accordingly allowed. The judgment and order of acquittal, subject matter of challenge, is set aside. The bail, which the accused has enjoyed before the learned Judge, to remain in force. Parties to appear before learned JMFC, Omerga on 6th October, 2009. ( K.U.CHANDIWAL ) JUDGE bdv/crrv101.08