SHANKAR PANDITRAO TOKALWAD Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Heard respective learned counsel for the parties. Leave to correct affidavit in reply granted.

(2.) Rule. Rule made returnable forthwith. With the consent of learned counsel for the parties taken up for final hearing.

(3.) Respondent no. 2 is the wife of the applicant herein. She had filed complaint/first information report with the police station Loha on 8.7.2005 alleging mental and physical cruelty to her at the hands of the applicant and other co accused. Accordingly, Crime No. 68 of 2005 was registered against the applicant and other co accused for the offences punishable under Sections 498A r/w 34 of the Indian Penal Code. After completion of investigation, charge sheet came to be filed against the applicant and other co accused on 24.10.2007 before the learned Judicial Magistrate, First Class, Loha and Regular Criminal Case No. 143 of 2005 was registered against them. After trial of the said criminal case, the learned Judicial Magistrate, First Class, Loha convicted and sentenced the applicant herein for the offence punishable under Section 498A of the Indian Penal Code, but the other co accused were acquitted by the judgment and order, dated 24.10.2007.