SHIVARAM MANOHAR KALANGE Vs. THE STATE OF MAHARASHTRA

JUDGEMENT

(1.) The appellant herein stands convicted for the offence punishable under Section 306 of the Indian Penal Code and is sentenced to suffer R.I. for five years and to pay fine of Rs.1,000/-, in default R.I. for one year, he is also convicted for the offence punishable under Section 498A of IPC and is sentenced to suffer R.I. for one year and fine of Rs.500/-, in default to suffer R.I. for six months by the Addl. Sessions Judge, Satara in Sessions case No.110 of 1993 vide judgment and order dated 28.11.1996. Hence, this appeal.

(2.) Such of the facts necessary for the decision of this appeal are

(3.) Upon perusal of the substantive evidence adduced by the prosecution, it appears that PW-1 Sarjerao Jadhav is the complainant. PW-1 has deposed before the Court in consonance with the first information report lodged by him. It is submitted before the Court that Sitabai used to visit her maternal house 4 ? 5 times in a year. She had gone to her maternal house for delivery and at the time of second delivery, she had stayed with her parents for about six months. At that time, she had complained about the ill- treatment and cruelty meted out to her at the hands of her husband. It is also admitted that after the second delivery, being fed up with cruelty, Sitabai had demonstrated her reluctance to return to her matrimonial house. However, PW-1 had reached to her matrimonial house and had also convinced the accused that he would put in his best efforts to pay the remainder amount at the earliest. He has also specifically stated on oath that on 17.2.1993, when he met his daughter, she had informed him that she was being harassed for 3 weeks. That the dead body of Sitabai was brought to Satara for autopsy and, therefore, he had reported the matter to Satara Police Station. The first information report is marked at Exhibit 15.