YADAVRAO Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Original accused no.1 / convict is hereby taking exception to the judgment and order passed by learned Ad-hoc Additional Sessions Judge, Nanded dtd. 23/9/2002 in Sessions Case No. 135 of 2001, recording guilt of the appellant for offence punishable under Sec. 498A and 306 of Indian Penal Code (IPC). FACTS GIVING RISE TO TRIAL ARE AS UNDER

(2.) Deceased Vidya daughter of informant was married to present appellant on 28/4/1998. Indictment is on the allegation about ill treatment and demand after two months of marriage. Specific allegations are that, husband demanded amount of Rs.40,000.00 for motorcycle, whereas accused nos. 2 and 3 parents-in-law subjected Vidya to mental cruelty. Because of said ill treatment Vidya consumed poison and committed suicide. Hence, the above charge.

(3.) On complaint of father (PW1 Sambhaji), crime was registered and investigated by PW11 API Bhagwat, who on gathering sufficient evidence, charge-sheeted husband and in-laws for offence punishable under Sec. 498A and 304-B read with Sec. 34 of IPC. Accused faced trial and finally learned Ad-hoc Additional Sessions Judge, Nanded acquitted accused nos. 2 and 3 Kondbarao and Parvatibai from all the charges. However, only husband was held guilty for offence punishable under Sec. 498A and 306 of IPC. Hence the appeal. SUBMISSIONS On behalf of Appellant :-