KAILAS SHIVAJI AHIRE Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) This Appeal impugns the correctness of the judgment and order of conviction and sentence both dated 30th October 1995, passed by the IInd Additional Sessions Judge, Nasik in Sessions Case No. 93 of 1995.

(2.) By the impugned judgment, the Appellant alone was held guilty and convicted under Section 306 of Indian Penal Code, 'abetting the commission of suicide' and Section 498-A 'subjecting a married woman to cruelty'. Thus, Appellant was sentenced to suffer R.I. for three years, fine of Rs. 500/i.d.R.I.for 6 months under Section 306 IPC and for 2 years R.I./fine Rs. 500/-i.d.R.I.3 months under Section 498-A of Indian Penal Code. Both the sentences to run concurrently.

(3.) Appellant/Accused was charged jointly along with his brother Sanjay (Accused No. 2) mother, Sau. Hirabai (Accused No. 3 both since acquitted therefore, the present appeal is preferred only by the Accused No. 1 Kailas who is husband of the deceased Mangala who committed suicide on 9th March, 1995Admittedly, prosecution have not challenged the trial court judgment recorded in favour of accused Nos. 2 and 3.