ASHPAK IQURAMUDDIN SHAIKH Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) In this Appeal, the Appellant has challenged the Judgment and Order dated 19/06/2001 passed by the 6th Additional Sessions Judge, Pune, in Sessions Case No.187/99, whereby the Appellant was convicted for the offence punishable u/s 326 of the Indian Penal Code and was sentenced to suffer rigorous imprisonment for five years and to pay a fine of Rs. 5,000/- and in default of payment of fine, was sentenced to suffer rigorous imprisonment for one year. Out of the fine amount of Rs. 5,000/-, the amount of Rs. 4,000/- was directed to be paid to the First Informant Sultana Ashpak Shaikh u/s 357 (1) of Cr.P.C. Sultana Shaikh is the Respondent No.2 in the present Appeal. Though she is served, she has not entered her appearance.

(2.) I have heard learned Counsel Mr.Abhaykumar Apte, for the Appellant and Mr.Rajan Salvi, Addl.P.P. for the State of Maharashtra.

(3.) The Appellant was initially charged for commission of offence punishable u/s 498-A and 307 of the Indian Penal Code. As per the charge framed on 13/07/1999, the prosecution case, is that the Appellant was married to Sultana Shaikh and was treating her with cruelty. The Appellant was doubting her character and subjected her to mental and physical torture. His acts fell within the ambit of section 498-A of IPC. On 02/03/1999 at about 11.00 a.m., Sultana was assaulted by the Appellant with knife in front of Dinesh Provision Stores. She was assaulted on various parts of her body and therefore the Appellant was charged for commission of offence punishable u/s 307 of IPC.