PRAKASH MAHADEO ADHAU Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Appellant Prakash, who has been convicted by the learned Sessions Judge, Akola, for offence punishable under Section 498-A of the Penal Code and sentenced to suffer rigorous imprisonment for two years and fine of Rs. 500/-, has preferred this appeal challenging his conviction.

(2.) Facts, which led to prosecution and conviction of the appellant, are as under: the appellant was married to Anuradha in the year 1993. The couple has two children a daughter by name Kalpana and a son by name Shivsagar. The appellant used to harras and ill-treat Anuradha. This had led Anuradha to give report to the police on 27-8-1998, on the basis of which, a crime was registered. Anuradha was staying with her parents after this incident of the year 1998. Accused Prakash was thereafter seriously ill and admitted to Civil Hospital, Akola. Anuradha went to see her husband, where the appellant -- her husband assured that he would not ill-treat her and requested her to come back to the matrimonial home. Accordingly, Anuradha went back to her matrimonial home. Thereafter, on 20-3-2000, complainant Purushottam was informed by a relation that Anuradha was serious and admitted to Civil Hospital, Akola. When Purushottam reached the Civil Hospital, he found that his sister was already dead. After getting the dead body and performing the last rites, on 24-3-2000, a report was made by Purushottam to the police, whereupon an offence was registered and investigation was commenced. After conclusion of the investigation, the police sent chargesheet against Prakash as well as his brother Pandurang for offences punishable under Sections 498-A and 306 read with Section 34 of the Penal Code.

(3.) Upon commitment of the case to the Court of Session, the learned Sessions Judge charged the two accused of offences punishable under Sections 498-A and 306 read with Section 34 of the Penal Code. After considering the evidence of 11 prosecution witnesses examined to prove the guilt, the learned Sessions Judge held that the offence punishable under Section 306 of the Penal Code was not proved, but that punishable under Section 498-A of the Penal Code was proved only against appellant Prakash. He, therefore, convicted and sentenced appellant Prakash accordingly. Aggrieved thereby, this appeal has been filed.