STATE OF MAHARASHTRA Vs. RAMKISHOR

JUDGEMENT

(1.) Since the Appeal and Revision are arising out of the same Judgment and order delivered in this case. Both the matters are heard together and decided together.

(2.) Criminal Appeal No.557/2007 is preferred by the State against the judgment and order dated 16.08.2007 delivered by the Sessions Judge, Chandrapur in Criminal Appeal No.20/2001, whereby the learned lower Appellate Court, partly allowed the appeal preferred by the accused, confirming the conviction under Section 498-A of the Indian Penal Code, however, set aside the conviction of the accused under Section 306 of the Indian Penal Code. The Criminal Revision Application No.211/2007 is filed by the accused-Ramkishor, challenging the conviction order under Section 498-A of the Indian Penal Code.

(3.) The learned Assistant Session Judge-3, Chandrapur has convicted the accused under Section 498-A of the Indian Penal Code and sentenced him to suffer R.I. for a period of one year and to pay a fine of Rs.500/- in default to suffer R.I. for a further period of one month, whereas under Section 306 of the Indian Penal Code, he had sentenced the accused to suffer R.I. for a period of four years and to pay a fine of Rs.1,000/- in default to suffer R.I. for a further period of three months.