LAXMAN MAHADU CHOUDHARY Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) This appeal is directed against 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 nine months with a fine of Rs. 200/- or in default further rigorous imprisonment for a period of three months imposed upon the appellant, even as the learned Judge acquitted the appellant for the offence punishable under Section 306 of the Indian Penal Code. 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 for the offences punishable under Sections 306 and 498A of the Indian Penal Code. Since the appellant pleaded not guilty, he was put on trial at which the prosecution examined in all four witnesses in its attempt to bring home guilt of the appellant. After considering their evidence in the light of defence of denial, the learned Additional Sessions Judge held that the prosecution failed to prove that the victim had committed suicide. He concluded that the victim could have accidentally fallen in the well and injuries suffered by the victim could have been caused during the fall. He, however, held that the prosecution had proved that the victim was subjected to cruelty and proceeded to convict and sentence the appellant as aforementioned. Aggrieved thereby, the appellant is before this Court.

(3.) I have heard the learned counsel for the appellant and the learned Additional Public Prosecutor for the respondent - State. With the help of both the learned counsel I have gone through the evidence on record. The learned Judge seems to have accepted the word of PW-1 Mansaram Dhavalu Aher, PW-2 Dhavalu Laxman Aher and PW-3 Somnath Dhavalu Aher, victim's elder brother, father and younger brother, when they stated that the victim was subjected to beating because the victim disapproved appellant's attention towards another woman. PW-4 PSI Nandkishor Madhavrao Kulkarni had conducted investigation.