APPASAHEB NIVRUTTI JAGTAP Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) The applicant faced full fledged trial in the Court of First Adhoc Asst. Sessions Judge, Solapur in regard to the charge under Section 498A and 306 of the Indian Penal Code. The applicant happens to be husband of Lalita. On 7th October, 2000 being Dassera day, said Lalita is said to have put herself on fire and thereafter she was taken to Government dispensary at Osmanabad where her statement came to be recorded by the Police Constable Ramchandra-P.W.1. Her statement was treated as FIR and the criminal law was set in motion. The applicant was arrested. He was made to face the trial in the Sessions Case No.237 of 2000 as mentioned aforesaid and the learned First Adhoc Assistant Sessions Judge, Solapur by Judgment and Order dated 31st July, 2001 convicted the applicant under Section 306 of I.P.C. and sentenced him to suffer r.i. for seven years and to pay fine of Rs.1000/- and ordered that the applicant should suffer three months further r.i. i.d. of payment of fine. The applicant was also convicted under Section 498 of the Indian Penal Code and was sentenced to suffer r.i. for two years and to pay fine of Rs.500/- and to undergo r.i. for one month in default of payment of fine. The learned trial Judge directed that both the sentences should run concurrently. Being aggrieved by this judgment dated 31st July, 2007 the applicant filed appeal being Appeal No.51 of 2003 in the Court of 2nd Addl. Sessions Judge, Solapur, who by his judgment and Order dated 20th October 2004 dismissed the appeal and ordered issuance of conviction warrant. Being aggrieved by this judgment and Order, dated 20.10.2004, the applicant has filed this appeal which was subsequently converted into revision application, being revision application No.442 of 2006. The application came to be filed through jail and subsequently learned Advocate Mr. D.G.Khamkar filed his Vakalatnama and appeared on behalf of the applicant.

(2.) Few facts necessary for the disposal of this application are as under:

(3.) The investigating agency applied appropriate sections at the appropriate stages and that is how the petitioner was required to face trial for two charges namely Section 306 abetment of suicide by the applicant, and Section 498A.