DILIP VASANT SAWANT Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) This appeal is preferred by the original Accused challenging the Judgment and Order dated September 12, 2002 passed by the learned Additional Sessions Judge SindhudurgOros in Sessions Case No. 17 of 2001. By the impugned Judgment and Order, the learned Sessions Judge acquitted the accused for the offence punishable u/s.498A Indian Penal Code (for short hereinafter referred to as IPC) and convicted him for the offence punishable u/s.302 IPC and sentenced to suffer Rigorous Imprisonment for life and to pay fine of Rs.500/I/ d.to suffer Rigorous Imprisonment for 15 days.

(2.) The case of the prosecution is that the marriage of the accused with Deepika @ Alka (hereinafter referred as the victim) took place for about 10 to 12 years prior to the incident. Out of the wedlock, the couple is blessed with two sons Nachiket & Nimish. Prior to the marriage the assused was working in Mill at Mumbai. After marriage he shifted to village Mithbav, Taluka Devgad. It is the case of the prosecution that the accused was addicted to liquor and used to beat the victim under the influence of liquor. The father of the victim Vasant Rajaram Parab is resident of village Hindale, Tal.Devgad which is at a distance of half kilometer from the village of the accused Mithbav.

(3.) It is the case of the prosecution that on December 29, 1999 victim had lodged complaint with Devgad police against the accused. The said complaint was registered as N.C.No.581 of 1999. One year prior to the incident of May 6, 2001 the victim came to her father Vasant PW4 and reported that the accused had beat her because she had lodged complaint against the accused at Mithbav police station. After this, the victim was residing in his house for about three months. Accused came to the house of PW4 Vasant and assured that he will not beat the victim and behave properly. In view of that assurance, the victim returned to the house of the accused. However the victim reported that there was no improvement in the behaviour of the accused.