DHARMA KRISHNA BHOYE Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Being aggrieved by order dated 13.8.2003 passed in Sessions Case No.39 of 2003 by the Additional Sessions Judge, Khed the appellant named above has preferred this appeal on the grounds mentioned in the memo of appeal as also those canvassed before us.

(2.) On 17th November 2006 this appeal was called out for hearing Shri Ingawale advocate appearing on behalf of the appellant was unable to attend the hearing as he was busy with some other Court. Since no such request was made on his behalf we proceeded to consider the appeal on merits with the assistance of the learned additional public prosecutor, scrutinized the evidence, reappreciated it and closed the case. Immediately thereafter Shri Ingawale, advocate came and informed us that he was prevented by sufficient cause while reaching to the Court when the appeal was taken. He submits that he be heard in the matter. Since the matter was already closed we requested him to file written submissions instead of making oral submissions. Accordingly he has filed his written submissions. We have to consider the same along with submissions earlier made by the learned public prosecutor. As already noted we have reappreciated the evidence on record with the assistance of the additional public prosecutor. We will deal with the contentions raised by the learned advocate appearing for the appellant in the course of discussions by the evidence on record.

(3.) The prosecution story stated briefly is that the accused and the victim were married and were staying together in village Kudawale, Taluka Dapoli District Ratnagiri. They had a daughter from this marriage aged 9 years at the relevant time and two sons. The accused was always abusive to his wife and used to take exception for everything done by her which was not of his likelihood and was for all possible reason used to ill treat the wife.