RAJU Vs. THE STATE OF MAHARASHTRA

JUDGEMENT

(1.) The appeal is filed against the judgment and order of Sessions Case No.132/1998 which was pending in the Court of the Additional Sessions Judge, Aurangabad. The trial Court has convicted and sentenced the present appellant for offences punishable under sections 306, 498-A of the Indian Penal Code. Maximum sentence of imprisonment of three years is given and both the sentences are to run concurrently. Criminal Application Nos.460/2015 and 461/2015 are filed by the original complainant and the appellant. Submissions were made that the complainant has no grievance now and in the interest of the issues left behind by the deceased daughter of the complainant, the complainant is requesting for permission to compound the offences. In alternative, it was submitted that the sentence be reduced. Both the sides are heard. This Court has perused the record and proceeding.

(2.) Deceased Rekha was the daughter of the complainant Kerba. She was given in marriage to the appellant about 4 years prior to her death. The deceased has left behind one daughter and one son from the appellant.

(3.) It is the case of the State that after 3 years of the marriage ill-treatment was started to the deceased by the husband and his relatives. Few days prior to the date of incident, the appellant visited the house of the complainant and he demanded Rs.5000/-. He wanted to purchase a she-buffalo by using that amount. The complainant expressed his inability to give the amount as it was the big amount for him, he is a poor person. Due to refusal of the complainant to give the amount, the appellant gave more ill-treatment to the deceased. Allegations are made that the appellant used to harass and beat the deceased. On one more occasion the appellant visited the house of the complainant and demanded amount of Rs.5000/-. On that occasion he gave threat that if his demand is not met with, he will give divorce to the daughter of the complainant.