BALKRISHNA Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Both these appeals are directed against the judgment and order dtd. 16/12/2009 passed by the learned Sessions Judge, Chandrapur, in Sessions Case No. 19/2009. By the impugned judgment, the accused Balkrushna Maroti Meshram was acquitted of the offences punishable under Ss. 307 and 498-A of the Indian Penal Code (for short, "IPC"), but was convicted for the offence punishable under Sec. 324 of the IPC and sentenced to suffer rigorous imprisonment for 2 1/2 years and to pay a fine of 3,000/-. In default of payment of fine, he was directed to suffer rigorous imprisonment for six months.

(2.) Criminal Appeal No. 301 of 2010 is preferred by the State seeking conviction of the accused for the offence punishable under Sec. 307 of the IPC, whereas Criminal Appeal No. 12 of 2010 is filed by the accused challenging his conviction under Sec. 324 of the IPC.

(3.) The prosecution case, in substance, is that the accused Balkrushna was married to PW 1-Meena on 10/4/2008. After marriage, they resided in a rented premises at Mul, District Chandrapur. Initially the marital life was cordial, however, subsequently the accused allegedly started ill- treating PW 1 by abusing and assaulting her under the influence of liquor.