PRAKASH Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Heard finally by consent of both the learned Counsel appearing for the parties.

(2.) The challenge in this Appeal is to the judgment rendered by learned Ad-hoc Additional Sessions Judge, Wardha in Sessions Case No. 240 of 2006 whereby the appellant-accused convicted for the offence punishable under Section 498-A of the Indian Penal Code and sentence to suffer Rigorous Imprisonment for one year and to pay fine of Rs.1,000/- with stipulation of default.

(3.) Though, the appellant-accused-Prakash was also charged for the offence punishable under Section 306 and 302 read with 34 of the Indian Penal Code , the Trial Court acquitted him for those charges. Original Accused Nos. 2 and 3 who are Father-in-law and Mother-in- law of victim were acquitted from all the charges namely under Section 498-A , 306 and 302 read with 34 of the Indian Penal Code . The State has neither challenge the clean acquittal of parents in law of victims nor challenged the acquittal of appellant-accused (Husband) from the charges under Section 306 and 302 of the Indian Penal Code. Therefore, the limited question arose for consideration is about the sustainability of the judgment and order of conviction of the appellant- accused for the offence of matrimonial cruelty punishable under Section 498-A of the Indian Penal Code.