DHANANJAY NAMDEO GOLE Vs. THE STATE OF MAHARASHTRA

JUDGEMENT

(1.) The appellant herein is convicted for offence punishable under section 306, r.w. 34 of Indian Penal Code and sentenced to suffer rigorous imprisonment for 5 years and to pay fine of Rs. 5,000/- i.d. to suffer further rigorous imprisonment of one year. He is also convicted for offence punishable under section 498(A) r.w. 34 of Indian Penal Code and sentenced to suffer rigorous imprisonment for one year and fine of Rs. 1,000/- i.d. to suffer further rigorous imprisonment of 6 months. He is also convicted for offence punishable under section 323 r.w. 34 of Indian Penal Code but has not been accorded any separate sentence in Sessions Case No. 73/2008 by Assistant Sessions Judge, Satara vide Judgment and Order dated 30/09/2008. The conviction was recorded by Assistant Sessions Judge and sentence awarded is 5 years and therefore the appeal ought to have been preferred before the Sessions Court, Satara, however, appellant had filed an appeal through jail. There was delay of 3 years and 323 days in filing an appeal. The said delay was condoned vide order dated 05/07/2012 by this Court (Coram: R.C. Chavan, J). The appellant was given legal aid. The records and proceedings were called by this Court vide order dated 05/07/2012 and therefore no fruitful purpose would be served by remanding the matter to the Sessions Court for want of jurisdiction. This Court (Coram: S.S. Jadhav, J.) vide order dated 13/06/2013 had suspended the substantive sentence of the applicant and directed him to be released on bail as he had undergone the major portion of his sentence. The order was communicated to the appellant on 31/07/2013. He could not furnish bail. By the time the matter came for hearing, the appellant had undergone the actual substantive sentence of 4 years 11 months and one day.

(2.) Such of the facts which are necessary for the decision of this appeal are as follows.

(3.) The appellant No. 1 was married to Satwshila on 11/05/2000 in Samudaik Shubh-vivah sponsored by Sadguru Trust. Satwshila was initially ill-treated on account of not being able to conceive. After 4 to 5 years of marriage Satwshila gave birth to a female child. She was being harassed and ill-treated by the accused persons on account of not fetching golden ornaments and other articles like utensils, gas etc. from her mother. Accused No. 1 used to consume alcohol regularly. Accused No. 2 instigated the accused against Satwshila. As a result of which he used to assault Satwshila. Accused No. 2 used to abuse her in filthy language.