SUMAN SHIVAJI NIMBALKAR Vs. THE STATE OF MAHARASHTRA

JUDGEMENT

(1.) This appeal is directed against appellant's emotional conviction for offence punishable under Section 498A and 306 read with section 109 of the Indian Penal Code and sentence of rigorous imprisonment for 3 years with fine of Rs. 1,000/- or in default rigorous imprisonment for six months, rigorous imprisonment for two years with fine of Rs. 1,000/- or in default rigorous imprisonment of six months, imposed respectively on the two counts, on conclusion of Sessions Case No. 98 of 1991, by the learned Additional Sessions Judge, Sangli. Facts which are material for deciding this appeal are as under:--

(2.) The learned Additional Sessions Judge to whom the case was made over, charged the appellant of offence punishable under Sections 498A, 304B and 306 read with section 109 of the Indian Penal Code. Since appellant pleaded not guilty, she was put on trial at which the prosecution examined in all 10 witnesses in its attempt to bring home guilt of the appellant. After considering the prosecution evidence in the light of defence of denial, the learned Judge acquitted the appellant of offence punishable under Section 304B of the Indian Penal Code, but convicted her for offences punishable under Sections 498A and 306 of the Indian Penal Code and sentenced her as indicated earlier. Aggrieved, thereby the appellant is before this Court.

(3.) I have heard learned counsel for the appellant and learned Additional Public Prosecutor (for short called as, "APP") for the State. With the help of both I have gone through the evidence on record. There is no dispute about inquest panchnama, seizure of clothes of victim and certificate of cause of death. The notes of postmortem show that the victim died due to drowning.