ANANDRAO TUKARAM GUDAPE Vs. STATE OF MAHARASHTRA, THROUGH POLICE STATION OFFICER, PUSAD (RURAL), TAHSIL PUSAD, DISTRICT YAVATMAL

JUDGEMENT

(1.) The appellant seeks to assail the judgment an order dated 22.12.2009, delivered by the Additional Sessions Judge, Pusad, in Sessions Case 12 of 1999, by and under which the appellant (hereinafter referred to as "the accused") is convicted for offence punishable under section 498A of the Indian Penal Code ("IPC" for short) and is sentenced to suffer rigorous imprisonment for one year and to payment of fine of Rs. 1,000/.

(2.) Heard Shri N.A. Vyawahare, the learned counsel for the accused and Smt. Mayuri Deshmukh, the learned Additional Public Prosecutor for the State.

(3.) The accused faced trial for having committed offence punishable under section 302 of IPC by intentionally and knowingly causing the death of Sau. Pushpa. The learned Sessions Judge while acquitting the accused of the said charge, was pleased to convict the accused for offence punishable under section 498A of IPC on the premise that section 498A of IPC is a minor offence in relation to an offence under section 302 of IPC.