DILIP MOUJERAM GAWARE Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) THIS appeal is filed by the appellant - Dilip Moujeram Gaware (hereinafter referred to as "the accused".) against the judgment and order passed by the 3rd Ad-hoc Additional Sessions Judge, Pune on 21.09.2002 in Sessions Case No.94 of 2002. By the impugned judgment and order the trial Court has convicted the accused for an offence punishable under section 498-A of the Indian Penal Code, 1860 (hereinafter for the sake of brevity, referred to as "the IPC") and sentenced him to suffer R.I. for two years and to pay a fine of Rs.1000.00, in default to suffer further R.I. for six months. The accused is further convicted for an offence punishable under section 302 of the IPC and sentenced to suffer imprisonment for life and to pay a fine of Rs.4,000.00, in default of payment, to suffer R.I. for one year. Both the substantive sentences have been directed to run concurrently and set off under section 428 of the Code of Criminal Procedure, 1973 has been given.

(2.) THE brief facts of the prosecution are as under:

(3.) WE have heard both sides and perused the entire record. In our view the appeal requires to be partly allowed by setting aside conviction under section 498-A of the IPC. The conviction and sentence of the accused under section 302 of the IPC will, however, have to be retained and confirmed for the reasons mentioned hereinbelow.