STATE OF MAHARASHTRA Vs. ABDUL SALIM

JUDGEMENT

(1.) These appeals question the judgment dated 6.12.2004 rendered by 3rd Ad-hoc Additional Sessions Judge, Chandrapur in Sessions Trial 113 of 1997, by and under which, Abdul Salim Abdul Gaffar - who shall be referred to as the accused hereinafter - is convicted of offence punishable under section 498-A of Indian Penal Code ("IPC") and is sentenced to suffer rigorous imprisonment for six months and to payment of fine of Rs.500 and is further convicted of offence punishable under section 304 part II of the IPC and is sentenced to suffer rigorous imprisonment for three years and to payment of fine of Rs. 1000/-.

(2.) The case of the prosecution, as can be gathered from the final report under section 173 of the Criminal Procedure Code and the evidence adduced by the prosecution, is thus:

(3.) The prosecution examined nine witnesses to bring home the charge. PW 1 - Pratibha Wasnik, who was residing in M.E.L. quarters with her husband, is examined to prove the illtreatment meted out to the deceased. PW 1 - Pratibha Wasnik did not support the prosecution and nothing is brought out in her cross examination by the learned Additional Public Prosecutor to assist the prosecution. PW 2 - Shrihari Gajbe is examined to prove the dying declaration Exh. 16. PW 3 - Vasant Khanke who is examined to prove the spot panchanama Exh. 21 did not support the prosecution. PW 4 - Ramesh Belkhede is the other witness to the recording of spot panchanama who has proved Exh.