SHIVPAL SURAJ PARDESHI Vs. THE STATE OF MAHARASHTRA

JUDGEMENT

(1.) Criminal Appeal No.652/2006 has been preferred by appellant - Pramod, who is the husband of deceased-Deepa, against the judgment and order dated 31st October 2006 delivered by learned Ad-hoc District Judge-6 and ASJ Nagpur in Sessions Trial No. 467/2005 convicting the appellant (hereinafter referred to as "accused" under Section 498-A of the Indian Penal Code and sentencing to suffer RI for two years and to pay fine of Rs. 1000/-, in default, to suffer SI for one month.

(2.) Brief facts of the case may be summarized as under:-

(3.) At the relevant time, PW9 PSI Vidyasagaar Shrimanwar was attached to Koradi Police Station. On the basis of report of PW1, he registered the offence and arrested the accused on the same day. PW9 recorded the statements of relevant witnesses. On 31.5.2005 PW6, PSI-Gulab Wadke, visited the place of the incident and recorded the spot panchnama. One PSI Mamore (not examined) had sealed one almirah at the time of recording the spot panchnama on 10.6.2005. PW6 broke opened the seal of the almirah and seized one glass bottle 375 ml. capacity containing 75 ml. liquid. Accordingly, seizure panchnama was prepared (Exh.33). The said bottle was sent to CA for analysis and the CA reports were secured (Exhs. 61 and 62). After completion of investigation, charge-sheet was filed in the Court of JMFC. Since the case was exclusively triable by Court of Sessions, the same was committed to the Court of Sessions. Charge was framed. The defence of the accused was of total denial and no witnesses were examined on their behalf. The learned trial Judge after recording the evidence and hearing both sides, convicted the appellant and acquitted the other accused, as aforesaid.