SAIFAN RAHIMANSAHEB SHAIKH Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) THE appellant (the accused) was tried for offences punish able under Section 498 -A and Section 306 of the Indian Penal Code in Sessions's Case No. 72 of 1991, in the Court of Sessions, Solapur.

(2.) BY his judgment and order dated 18th January, 1992, the learned Sessions Judge found the accused guilty of the offences punishable under Section 498 -A and Section 306 of the I.P.C. The accused was sentenced to suffer R.I. for two years and to pay a fine of Rs. 1,000/ - for the offences punishable under Section 498 -A. In default of payment of fine he was to suffer R.I. for six months. For the offence punishable under Section 306 of the I.P.C. he was sentenced to suffer R.I. for two years and to pay a fine of Rs. 1,000/ -. In default of payment of fine he was to suffer R.I. for six months. It is the said judgment and order which is impugned in the present appeal.

(3.) THE complaint was lodged by P.W. 3 Amin Saheb Bashamiyan Sayed, who is the brother of deceased Shehnaz. He has stated that the deceased was married to the accused about five years back. They lived happily for about a year after the marriage. Accused started ill treating her because she could not bear a child. Whenever Amin Saheb used to go to the house of the deceased, she used to narrate the ill treatment given to her by the accused. Amin Saheb and the other members of the family used to console her and used to tell her to try and adjust and live with her husband. They used to tell the accused to look after Shehnaz and treat her well. Once he had gone to the house of Shehnaz. Shehnaz told him that the accused had beaten her. He informed this fact to his mother. Thereafter he went to the house of the accused and brought Shehnaz to their house. Shehnaz lived with them for about six months. Then accused and his cousin Nabilal came to his house. They told Amin Saheb that they would no ill treat the deceased and would look after her. Shehnaz was reluctant to go with the accused but Amin Saheb and the members of his family sent her with him in order to see that her marriage is not broken.