RAGHUNATH Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) This is an appeal by the accused who was convicted under sections 306, 498-A and 201 of the Indian Penal Code. He has been sentenced to undergo rigorous imprisonment for a period of five years for having committed offence under section 306 of Indian Penal Code, rigorous imprisonment for two years for having committed offence punishable under section 498-A of Indian Penal Code and rigorous imprisonment for one year for having committed offence punishable under section 201 of the Indian Penal code. All sentences were directed to run concurrently. The appellant shall hereinafter be referred to as accused.

(2.) The facts giving rise to this appeal are as under -Smt. Gunwantabai - the complainant - is the mother of deceased Kavita. She has two daughters. Elder daughter Mangala resides at village Panora. Deceased Kavita was married to the accused two years prior to her death. Deceased Kavita was treated well for two months after the marriage and thereafter accused started ill-treating the deceased. Since accused was in the habit of consuming liquor, he used to beat the deceased under influence of liquor. Since the complainant received such information, she had sent her husband to the house of the accused. She also had gone once to the house of the accused. At that time, it is alleged that, Kavita used to tell her that accused suspects here fidelity and asks her different questions. He does not like her talking with anybodyelse. Kavita was therefore fed up of this harassment. Kavita was brought by her to her house and stayed for fifteen days after Diwali. She was again sent back. One day, complainant received an information that her daughter has been admitted in the hospital. The complainant went there. Her daughter had already expired. The complainant, therefore, lodged the report with the police. The Police registered offences under sections 306, 498-A and 201 of the Indian Penal Code. After completion of the investigation, the police filed charge sheet-against the accused.

(3.) The Sessions Court framed the charge against the accused after the case was committed and came to the conclusion after recording the evidence that all charges against the accused have been proved. He was, therefore, sentenced to imprisonment as stated above. Being aggrieved by that order of conviction and sentence, this appeal has been preferred.