JAIHIND SITARAM KHALE Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) The challenge in this appeal is to the conviction and sentence inflicted upon the appellant by judgment and order dated 2.4.1998, rendered by learned Additional Sessions Judge, Osmanabad, in Sessions Case No. 69 of 1995, thereby convicting the appellant/accused no.1 herein under Section 498A of the Indian Penal Code and sentencing him to suffer Rigorous Imprisonment for six months and to pay fine of Rs.500/with default condition for nonpayment of fine amount to suffer further Rigorous Imprisonment for one month.

(2.) At this juncture, it is to be noted that the appellant/accused no. 1Jaihind Sitaram Khale, and accused no.2Sitaram Maruti Khale and accused no.3Padmawati Sitaram Khale faced the trial under Sessions Case No. 69 of 1995 for the offences punishable under Sections 498A, 304B r/w 34 of the Indian Penal Code and the appellant/accused no.1 as well as accused nos. 2 and 3 were not found guilty for the offence punishable under Sections 304B r/w 34 of the Indian Penal Code; as well as accused nos. 2 and 3 were not found guilty for the offence punishable under Section 498A r/w 34 of the Indian Penal Code, and therefore, accused nos. 2 and 3 were acquitted of the said offence, but the appellant/accused no.1 was found guilty for the offence punishable under Section 498A of the Indian Penal Code and was convicted and sentenced thereunder as afore said and the said conviction and sentence has been assailed by accused no.1 i.e. appellant in the present appeal.

(3.) The factual matrix of the prosecution case, can be summarized as under :