(1.) This appeal is directed against the judgment of the High Court of Judicature of Bombay, Bench at Aurangabad in Criminal Appeal No. 187 of 1991, dated 09.03.2001. The appellant (original accused No. 1) and his parents (original accused Nos. 2 and 3) were alleged to have committed offences punishable under Sections 498A, 306 and 109 read with Section 34 of the Indian Penal Code (for short 'IPC'). The learned IInd Additional Sessions Judge, Beed convicted the appellant under Section 498A, IPC to suffer rigorous imprisonment for one year and to pay a fine of Rs. 2,500/-, in default whereof to suffer further rigorous imprisonment for six months. The appellant was also convicted under Section 306, IPC to suffer rigorous imprisonment for three years and to pay a fine of Rs. 5,000/-, in default whereof to suffer further rigorous imprisonment for six months. Original accused Nos. 2 and 3 were, however, acquitted by the learned IInd Additional Sessions Judge, Beed.
(2.) Brief facts which are necessary to dispose of the appeal are recapitulated as under : The appellant was married to the deceased-Lata on 9.11.1987. The deceased was a highly qualified woman. She had obtained distinction in Masters of Science (M.Sc.). She secured second position in the Marathwada University in the Diploma in Business Management. She had also passed Diploma in Higher Education. She was doing Bachelor of Education (B.Ed.) at the time of commission of the offence. She was serving as a Lecturer in Balbhim College at Beed.
(3.) The deceased-Lata after marriage resided with the appellant. The appellant was living in a joint family with his parents. It was not a happy marriage from its very inception. There was constant taunting leading to mental cruelty to the deceased by the appellant and his parents.