SHIVAJI JANABA PATIL Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) BOTH of them have been heard at length.

(2.) THE petitioners are hereby taking exception to the judgment and order passed by the Additional Sessions Judge, Kolhapur at Kolhapur who dismissed Criminal Appeal No. 52 of 1990 by confirming the judgment and order convicting and sentencing the petitioners for the offences punishable under provisions of sections 498-A and 304-B read with section 34 of the i. P. C. by which the petitioners have been sentenced to undergo various terms of sentence of imprisonment for respective offences. The petitioners are convicted for the offence punishable under section 498-A and sentenced to undergo R. I. for 2 years and to pay a fine of Rs. 500/- in default to suffer further R. I. for three months. They have been convicted for the offence punishable under section 304-B of the I. P. C. read with section 34 and sentenced to undergo R. I. for five years.

(3.) THE prosecution case in brief is that the petitioner No. 1 Shivaji was married with Prabhavati, daughter of P. W. Rahu Patil on 18. 5. 1987. At the time of marriage Rahu Patil had given golden Mangalsutra, silver toering (Jodavi) to Prabhavati and Rs. 2,500/- in cash along with utensils, clothes, cot, etc. , to Shivaji. The couple stayed together for six months and thereafter the petitioner Shivaji was invited for traditional "divali Saan" (traditional visit of son-in-law to father-in-law's house for celebrating diwali along with the bride ). Petitioner Shivaji, as per the prosecution case, wrote a letter Exhibit-13 to Rahu Patil and demanded a golden chain weighing one tola and the cloth for a suit. On that Diwali visit, petitioner shivaji and wife Prabhavati visited the house of Rahu Patil wherein Shivaji, the petitioner, was given a golden ring weighing half tola and a suit cloth by witness Rahu Patil, the father of Prabhavati. As per the prosecution case, shivaji was annoyed and disappointed and left father-in-law's house earlier than scheduled departure.