MANIK Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) The appellant herein has preferred this appeal challenging the judgment and order dated 2nd August, 1999 passed by the Sessions Judge, Parbhani in Sessions Trial No.23/1999, whereby the appellant was convicted for the offence punishable under Section 306 of I.P.C. and sentenced to R.I. for five years and to pay a fine of Rs.1000/-, in default of payment of fine, to suffer further R.I. for three months, and u/s 498-A of I.P.C. to suffer R.I. for one year and to pay a fine of Rs.300/-, I.D.R.I. for one month.

(2.) The prosecution case, in brief, is as under: The appellant - original accused No.1 Manik is husband of deceased Indubai, original accused No.2 Tulsabai is mother of Manik and accused No.3 Ramchandra is maternal uncle of Manik and real brother of accused No.2. The trial Court has acquitted the accused Nos.2 and 3 of the offences charged against them.

(3.) Deceased Indubai was married with accused No.1 - appellant herein prior to six years i.e. approximately in the year, 1992. At the time of marriage, the appellant was paid dowry as agreed. After treating the deceased Indubai well for about six months of the marriage, it is alleged that, appellant and his mother started illtreating her on some petty matters. She was not given good treatment during sickness. Indubai used to tell to her parents about the illtreatment given to her by the accused. Such illtreatment continued for about three years and thereafter, Indubai delivered a male child. Her father performed necessary ceremony "Bolwan" by selling his cattle and provided the articles like cot, mattress, utensils, cradle etc. to the couple. Thereafter also the ill-treatment continued.