BHAGWAT YADAV WAGH Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) By this appeal filed under Sec. 374(2) of the Code of Criminal Procedure (for short, 'the CrPC'), the appellant/ accused challenges the judgment and order dtd. 13/6/2005 passed by learned 1st Ad-hoc Additional Sessions Judge, Jalgaon, in Sessions Case No.185/2004 by which, he has been convicted for offences punishable under Ss. 498-A and 306 of the Indian Penal Code, 1860 (for short, 'the IPC') and he is sentenced to suffer rigorous imprisonment for two years and to pay fine of Rs.1000.00, in default of payment of fine, he is directed to suffer further rigorous imprisonment for one month, for the offence u/s 498-A. He is further sentenced to suffer rigorous imprisonment for seven years and to pay fine of Rs.5000.00 and in default, to suffer rigorous imprisonment for five months, for offence u/s 306. Both the sentences were directed to run concurrently.

(2.) The brief facts leading to filing of the present appeal are as under:

(3.) After completion of investigation, the charge-sheet was filed. Since offences were triable by the Sessions Court, the case was committed to the Sessions Court. The learned Additional Sessions Judge framed charge at exhibit 5 against the appellant/ accused for offences punishable under Ss. 498-A and 306 of the Indian Penal Code. The appellant/ accused pleaded not guilty and claimed to be tried. The prosecution has examined in all 12 witnesses as under:- <IMG>JUDGEMENT_242_LAWS(BOM)11_2025_1.jpg</IMG>