LAWS(BOM)-2013-12-85

ANANTA Vs. STATE OF MAHARASHTRA

Decided On December 23, 2013
Ananta Appellant
V/S
STATE OF MAHARASHTRA Respondents

JUDGEMENT

(1.) The appeal is filed against judgment and order of Sessions Case No. 13/2009, which was pending in the Court of Ad-hoc Additional Sessions Judge, Gangakhed, District Parbhani. The appellant is convicted and sentenced by the Trial Court for offences punishable under sections 304-B and 498-A of Indian Penal Code. The maximum substantive sentence given to the appellant is 10 years for the offence punishable under section 304-B of I.P.C. Both the sides are heard.

(2.) In short, the facts leading to institution of the appeal can be stated as follows :-

(3.) It is the case of State that at the time of settlement of marriage, the relatives on parents' side of the deceased had agreed to give dowry of Rs. 1.5 lakh. The amount of Rs. 1 lakh towards dowry was given when the marriage was solemnized and there was the promise to give the remaining amount afterwards. It is the case of State that the husband and his relatives were not happy as the remaining amount was not given immediately and they were insisting the deceased to bring the remaining amount of dowry. On that count, they were giving mental and physical illtreatment to the deceased. The deceased used to visit to the house of her parents on the occasions of festivals and she used to disclose about the illtreatment. She also used to disclose that the husband was addicted to liquor and he had extra marital affair and due to that also, there was illtreatment to her. It is the case of State that deceased was driven out of the matrimonial house on the aforesaid count and the relatives of parents side of deceased had somehow convinced the accused to accept the deceased back in matrimonial house.