PUNDALIK VISHWANATH KALE Vs. THE STATE OF MAHARASHTRA

JUDGEMENT

(1.) The appeal is filed against judgment and order of Sessions Case No. 191/1997 which was pending in the Court of Additional Sessions Judge, Jalgaon. The Trial Court has convicted and sentenced the appellant for offence punishable under section 498-A of Indian Penal Code ('I.P.C for short). He is, however, acquitted of the offence punishable under section 306 of I.P.C. Both the sides are heard. This Court has perused the original record. Deceased Pramila was daughter of complainant Ramchandra, who is resident of Hartala, Tahsil Edalabad. She was given in marriage to appellant about 15 to 16 years prior to the date of incident. She has left behind one son and one daughter from this marriage.

(2.) Appellant was working as a driver and deceased was doing labour work to earn the livelihood. For about 5 to 6 years after the marriage, there was no problem. After that, the deceased started disclosing that the husband was not doing any work, he was addicted to liquor and she was not happy.

(3.) About 5 to 6 months prior to the date of incident, deceased requested her father, complainant, to make construction of house on their plot and so, the complainant went to village Pimprisekam, place of appellant. He stayed there and he made the construction. According to him, during his stay, he witnessed that appellant was drinking liquor every day. On one occasion, he had seen that appellant was giving beating to the deceased. He had settled that quarrel on that occasion. During this stay, the deceased disclosed that the husband was not doing work and he was demanding money from her for liquor and he used to give beating to her. She disclosed that on occasions, he was expressing suspicion about her character. The complainant somehow convinced the daughter, the deceased and returned to his place.