BALWANT DAULAT PATIL Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Criminal Appeal No. 771 of 1997 has been filed by the appellant, Original Accused No. 1, who stands convicted for offence punishable under Section 498A of the Indian Penal Code and sentenced to SI for six months and to pay a fine of Rs. 1000/-, in default of which to undergo further SI for two months, by the Additional Sessions Judge, Nashik, by judgment dated 12/12/1997, in Sessions Case No. 49 of 1993.

(2.) On committal of the case to Court of Sessions, trial court vide Exh. 43 framed charge against accused Nos. 1 to 5 for offence punishable under Sections 304B, 302 read with Section 34, 306 and 498A of IPC. The accused denied their guilt and claimed to be tried. Prosecution, in support of its case examined 10 witnesses. The defence of the accused was of denial. The trial court upon appreciation of the evidence of the prosecution, convicted and sentenced the appellant/original accused No. 1 as afore-stated, while acquitting the other accused. The accused No. 1 thus being aggrieved by his conviction and sentence has filed Criminal Appeal No. 771 of 1997, while the State has filed Criminal Appeal No. 468 of 1998 being aggrieved by the acquittal of the respondent/original accused No. 1 for offences punishable under Sections 302, 306 and 304B read with Section 34 of IPC. The complainant has filed Criminal Revision Application No. 21 of 1998 questioning the acquittal of the respondents/accused.

(3.) We have heard Mr. S.V. Marwadi, learned counsel for the appellant in Criminal Appeal No. 771 of 1997, learned APP on behalf of the appellant--State in Criminal Appeal No. 468 of 1998 and Mr. Nitin Pradhan, learned counsel for the applicant in Criminal Revision Application No. 21 of 1998.