GULAB Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) The appeal is filed against the judgment and order of Sessions Case No.218/1995, which was pending in the Court of 2nd Additional Sessions Judge, Aurangabad. The appellant is convicted and sentenced for offences punishable under sections 306 and 498-A of Indian Penal Code and sentence of rigorous imprisonment for three years is given to the appellant and total amount of fine of Rs.1500/- is imposed on him. Both sides are heard.

(2.) The deceased Sangita was a daughter of complainant. She was given in marriage to appellant about three years prior to the date of incident. It is the case of complainant that after few days of marriage, the deceased had started complaining to him and to relatives on parents side that the husband and his relatives were giving ill-treatment to her. She had disclosed that her husband had asked her to bring Rs.1000/ from her parents as he wanted to purchase bed for him. She had also disclosed that husband was harassing her and even giving beating to her on petty counts.

(3.) It is the case of complainant that the deceased used to visit the house of her parents on the occasions of festivals. On one occasion when she visited the house of her parents, the parents had smell of kerosene from the clothes of deceased. She had then disclosed that her husband had poured kerosene on her person and he wanted to finish her. About three-four months prior to the date of incident, she had returned to the house of parents and she was complaining that her husband was giving beating to her on petty counts. It is the case of complainant that he had given sever beating and due to beating there was swelling on her hand and there was probably fracture injury. On that occasion she had stayed for fifteen days in her parents house due to the said incident. The appellant/husband had then visited the house of complainant and as he had given undertaking to behave well with the deceased, the deceased was sent back to the matrimonial house. The deceased had again visited house of her parents to attain the marriage ceremony of her brother which was in the month of April.