RAMESH BAPURAO GHONGE Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) By this appeal, the appellant challenges his conviction by the learned Additional Sessions Judge, Chandrapur, for offence punishable under Section 498-A of the Penal Code and sentence of rigorous imprisonment for three months and fine of Rs. 1,000/- imposed upon him.

(2.) Facts, which led to prosecution of the appellant, are as under: the appellant was married to Kusum in the year 1982. The parties resided initially at Belora and since about two years before the incident, shifted to Balaji Ward, Chandrapur, where Kusum's family was also residing. The accused stopped maintaining Kusum and used to beat her. On 5-4-1992, Kusum set herself on fire. She was admitted to General Hospital, Chandrapur, where she succumbed to her burn injuries. On the report, an offence was registered and investigation commenced. The police recorded statements of witnesses. Before her death, Kusum had also made a statement to the police in presence of panchas that she had poured kerosene on her person and set herself on fire. She had stated that her husband had extinguished the fire and taken her to the hospital. On completion of investigation, the police filed the chargesheet.

(3.) Upon commitment of the case to the Court of Session, the learned Sessions Judge charged the appellant of offences punishable under Sections 498-A and 306 of the Penal Code. The accused pleaded not guilty and hence was put on trial. In its attempt to bring home the guilt of the accused, the prosecution examined in all nine witnesses before the learned Sessions Judge. It seems that thereafter arguments in the case were heard by the learned Additional Sessions Judge, to whom the case was made over and who pronounced the judgment convicting the appellant of offence punishable under Section 498-A and acquitting him of offence punishable under Section 306 of the Penal Code. Aggrieved thereby, this appeal has been filed.