KAILAS DAMU GAIKWAD Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) The appeal is filed to challenge the judgment and order of conviction given to the appellant by learned Additional Sessions Judge Aurangabad in Sessions Case No.117/1997. The appellant is convicted and sentenced for offences punishable under sections 302 and 498-A of Indian Penal Code. His parents were also tried for these offences but they are acquitted. Both the sides are heard.

(2.) The deceased Sunita was daughter of first informant Gangubai, resident of Palshi, Tahsil Kannad and she was given in marriage to present appellant, Kailas when the deceased was aged about 6 years. The accused hails from Naigaon. After 6 years of the marriage i.e. when Sunita completed 12 years of the age, she was sent for cohabitation to the house of present appellant.

(3.) The ill-treatment to the deceased was started when sister-in-law of the first informant namely Kadubai expressed her desire to sell her agricultural land which was about one year prior to the date of incident. Kadubai has no male issue though she has three daughters. Present appellant wanted to purchase the said land but he was not having money. He then requested first informant to give him money for purchasing the land. Even promise was given by the parents of the deceased Sunita to give Rs.40,000/- to the present appellant and he was to make arrangement of the remaining amount.