SUDAM LAXMAN KUTE Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) This appeal is directed against the conviction of the appellant, by the learned Additional Sessions Judge, Nashik, for the offence punishable under Section 498A of the Indian Penal Code and sentence of rigorous imprisonment for three months with fine of Rs. 10,000/- or in default of payment of fine rigorous imprisonment for further period of three months, imposed upon the appellant on the conclusion of trial of Sessions Case No.133 of 1995, before him. By the said judgment the learned Judge had acquitted the appellant for offence punishable under Section 306 of the Indian Penal Code and acquitted all the other co-accused of all the offences for which they were charged.

(2.) Facts which are material for deciding this appeal are as under:-

(3.) The learned III Additional Sessions Judge, Nashik to whom the case was made over, charged the appellant and his family members of offences punishable under Sections 498A and 306 of the Indian penal Code. Since they pleaded not guilty, they were put on trial at which the prosecution examined in all 7 witnesses in its attempt to bring home the guilt of the accused persons. After considering the evidence of prosecution witnesses in the light of defence of denial, the learned Judge acquitted of other accused of all the offences charged and also acquitted the appellant of offence punishable under Section 306 of the Indian Penal Code, but convicted and sentenced the appellant of offence punishable under Section 498A of the Indian penal Code as aforementioned. Aggrieved thereby, the appellant is before this Court.