GANESH BHAGWAN JADHAV Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) HEARD Shri Agandsurve and Shri Saste at length in cdntext with the judgment and order, which has been challenged by this appeal and evidence, which has been adduced by the prosecution for proving the guilt of the appellant.

(2.) THE appellant assails the order of conviction and sentence passed by the 4th Additional Sessions Judge. Solapur, in Sessions Case No. 180 of 2000, whereby the appellant was convicted for offence punishable under section 306 of Indian Penal Code and sentenced to undergo rigorous imprisonment for five years and to pay fine of Rs. 2000/-, in default to suffer further rigorous imprisonment for six months. The appellant was also convicted for an offence punishable under section 498a of Indian Penal Code and was sentenced to undergo rigorous imprisonment for one year and to pay fine of rs. 1000/- in default to suffer further rigorous imprisonment for three months. The substantive sentences have been directed to run concurrently.

(3.) THE prosecution case, in brief, is that on 10/5/2000 deceased Shubhangi was married with appellant and she stayed with appellant at Randivewadi, Tal. Madha, Dist. Solapur for about a month. Appellant and Shubhangi were staying along with the parents of appellant Ganesh and along with his elder brother and his wife in one house. On 20th of June, 2000 prior to 5. 30 p. m. as per prosecution case, appellant charged deceased Subhangi that she was having illicit relations with one Saudhagar jadhav, who was residing in the neighbourhood. He told her not to speak with him by ill-treating her on that count. It is the prosecution case, that he was charging her like that prior to 20th of June, 2000 also and on that count he was ill-treating her.