VASANTA Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) The appellant has preferred this appeal against the order of conviction and sentence passed by the Additional Sessions Judge, Akola dt. 4-12-1984 in Sessions Case No. 67 of 1984. The appellant has been convicted under S.306, I.P.C., and has been sentenced to R.I. for two years and a fine of Rs. 200/-, in default R.I. for one month. The appellant has also been convicted under S.498-A, I.P.C., and has been sentenced to R.I. (or one year and a fine of Rs. 100/-, in default R.I. for 15 days under that section. Both the sentences to run concurrently.

(2.) Shri R.B. Pendharkar, Advocate (Appointed), appeared for the appellant and Shri G.D. Patil, Assistant Public Prosecutor, appeared for the respondent-State.

(3.) The prosecution case in brief is that the appellant was married with, Manda on 27-5-1983. It is alleged that some dowry was also paid to the appellant. On the next day of the marriage, a religious function 'Satyanarayan' was arranged at the house of Manda's parents. The said pooja was to be performed by the appellant and Manda. It is alleged that even at that time, the appellant was under the influence of liquor and was not able to take his care. Thereafter, Manda went to live with the appellant at his house. According to the customs, at the time of Ashadi Ekadashi in 1983, Manda had gone to the house of her parents. During her stay there, she narrated to her brother P.W. 1 Pralhad that the appellant was demanding a bicycle or the equivalent amount to purchase a bicycle. She further told that if the demand was not satisfied, Vasanta has threatened to kill her. Thereafter, whenever Manda visited her parent's house, she narrated the ill-treatment meted to her by Vasanta on account of his addiction to drinking. She also alleged ill-treatment from her mother-in-law and her father-in-law. On one occasion, Manda happened to meet P.W. 4 Padmini at S.T. bus stand where Padmini witnessed that accused gave a slap to Manda. On that occasion also, Manda told Padmini that she was slapped by her husband Vasanta because he wanted that Manda should bring money from her sister. Thereafter, Manda happened to go to her parent's house when an injury was noticed on her leg. On enquiry, she told that the said injury was caused by her husband Vasanta by throwing a stone at her under the influence of liquor. These are the instances put forth by prosecution to indicate cruelty and harassment meted to Manda at the instance of appellant Vasanta. Initially, Manda and Vasanta stayed in the same house where the parents of Vasanta were living. But later on, they two resided separately.