GAJANAN CHINDHUJI ATRAM Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) The present appeal is filed against the judgment and order of conviction passed by the learned Additional Sessions Judge, Warora in Sessions Case No.5 of 2012, on 22nd of August, 2014. By the said, the appellant was convicted for the offence punishable under Sections 302 and 498-A of the Indian Penal Code. On account of his conviction for the offence punishable under Section 302 of the Indian Penal Code, the appellant was directed to suffer imprisonment for life and to pay a fine of Rs.5000/- and in default of payment of fine to suffer rigorous imprisonment for six months. As well, for his conviction under Section 498-A of the Indian Penal Code, the appellant was directed to suffer rigorous imprisonment for three years and to pay a fine of Rs.1000/- and in default of payment of fine to suffer rigorous imprisonment for three months.

(2.) From the record of the sessions case, the prosecution case can be narrated as under :

(3.) A charge was framed against the appellant by the learned Additional Sessions Judge, Warora under Exh.6 for the offence punishable under Sections 302, 498-A of the Indian Penal and under Section 4 of the Dowry Prohibition Act. The appellant denied the charges and claimed that he be tried. The prosecution has examined in all ten witnesses to bring home the guilt of the appellant. He was also examined under Section 313 of the Code of the Criminal Procedure. He also examined one defence witness Shakuntala. It is his specific defence that Bhavna has committed suicide and he is not responsible for her death. The learned Judge of the Court below after appreciating the case of the prosecution found that the appellant is guilty of the offence punishable under Sections 302 and 498-A of the Indian Penal Code and accordingly he was convicted and sentenced as mentioned in the opening paragraph of this judgment.