SHIVAJI Vs. THE STATE OF MAHARASHTRA

JUDGEMENT

(1.) Applicant-Shivaji along with his parents and brother were prosecuted and the learned Judicial Magistrate, First Class, Vaijapur on 27.8.1996 in Regular Criminal Case No. 70 of 1995 found that they were guilty for the offences punishable under Sections 498A, 323 r/w 34 of the Indian Penal Code, and therefore, they all were convicted for the offence punishable under Section 498A r/w 34 of the Indian Penal Code and were directed to suffer rigorous imprisonment for a period of one year and to pay a fine of Rs. 1,000/- by each of them, in default to suffer simple imprisonment for a period of one month each; as also, they all were convicted for offence punishable under Section 323 r/w 34 of the Indian Penal Code and directed to suffer rigorous imprisonment for a period of three months and to pay a fine of Rs. 500/- by each of them, in default they were directed to suffer simple imprisonment for a period of one month each.

(2.) Undisputedly, marriage of Anita and present applicant took place prior to four years from the date of the incident. Anita started residing in the house of the applicant at village Bhaygaon in Vaijapur Tehsil. For initial period of two years, according to the prosecution, she was given good treatment, however, thereafter all the accused started, harassing Anita and demanded Rs. 5,000/- and a bicycle from her. As per the prosecution, the said fact used to be conveyed by Anita to her parents, however, due to poor financial condition, demand of Rs. 5,000/- and bicycle was not fulfilled resulting in continuance of illtreatment.

(3.) It was further case of the prosecution that on 4.7.1995 at about 7.00 a.m. at Bhaygaon, all the accused persons assaulted Anita by means of foot wear and stick in presence of father and uncle of Anita. The report lodged by Anita is at Exh. 25.