DAGADU SHANKAR TODMAL Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) THIS appeal is filed by the original accused No. 1 Dagadu Shankar Todmal, against the judgement and order, dated 5-1-1995, passed by the learned Additional Sessions Judge, Ahmednagar in Sessions Case No. 345 of 1994, whereby, the learned Additional Sessions Judge found the appellant accused guilty of the offence punishable under section 498-A of the Indian Penal Code and sentenced him to suffer rigorous imprisonment for three years and to pay a fine of Rs. 1,000/- in default, to undergo rigorous imprisonment for nine months and further found him guilty for the offence punishable under section 307 of the Indian Penal Code and he is sentenced to suffer rigorous imprisonment for seven years and to pay a fine of Rs. 2,000/- and, in default, to suffer rigorous imprisonment for 1? years. Along with the original accused No. 1 present appellant, his mother Kausalyabai original accused No. 2 was also tried for the offences referred to above, however, the learned Additional Sessions Judge found the evidence on record short to convict the original accused No. 2 and, therefore, she is acquitted of the offences charged with.

(2.) THE facts of the case in nut-shell can be narrated as under :-

(3.) THE prosecution story further proceeds by narrating that some time after the marriage of Vandana she had gone to her maternal aunts house to attend the marriage and thereafter, she came to her parents house. On the next day morning, according to the prosecution story, she went to the house of her husband. However, at that time she had forgotten one of her sarees at her parents house which is said to have been an excuse for the husband to get enraged on Vandana by saying that she must have sold the said saree to somebody. On this accusation, he also beat Vandana on that day. It is the case of the prosecution that Vandana was being ill-treated on various grounds, including that she was not able to cook the food well and further that she was getting fat.