ANKUSH TULSHIRAM SUDKE Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Instant appeal arises out of judgment and order of conviction dtd. 3/7/2004 passed by learned 3 rd Ad-hoc Additional Sessions Judge, Osmanabad in Sessions Case No.180 of 2000 convicting appellants for offence punishable under Sec. 498A read with Sec. 34 of Indian Penal Code. PROSECUTION STROY IN TRIAL COURT IS AS UNDER

(2.) Deceased Usha was married to appellant no.1 Ankush. Till giving birth to two daughters everything was smooth. Subsequently, appellant no.1 developed intimacy with appellant no.2. It is alleged that, thereafter maltreatment began. It is alleged that both appellants put up demand of Rs.2,000.00 for construction of house and on account of failure, they allegedly beat her. Getting fed up of the same, she allegedly committed suicide by jumping in the well. On report by uncle, crime was registered, investigated and both appellants are charge sheeted and tried. Vide judgment and order dtd. 3/7/2004 both appellants came to be acquitted from charge under Sec. 306 of IPC, but came to be convicted for offence under Sec. 498A of IPC. Hence, instant appeal. SUBMISSIONS On behalf of Appellants :

(3.) Learned counsel for appellants pointed out that, there is false implication. That, evidence on behalf prosecution in support of both above charges is patently weak. He pointed out that, evidence of prosecution witnesses is general, omnibus and non specific. That, distinct roles are not crystallized or defined. That, except alleging beating, who beat her, when and where has not been stated by any of the witnesses. According to learned counsel, on same set up evidence, both appellants are acquitted for charge under Sec. 306 of IPC. In spite of weak and fragile evidence on the point of 498A charges are held to be proved. That, cruelty as contemplated under law has not been either demonstrated or substantiated. Conclusion drawn is based on conjunctures and surmises. Hence, learned counsel urges for setting aside the impugned judgment. On behalf of Respondent - State :