KHUSHAL Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) THE order of conviction and sentence recorded by the Additional Sessions Judge, Chandrapur, on 19-12-85 in Sessions Trial No. 114/84, convicting the accused No. 1 (present appellant) for the offence punishable under Section 498-A of Indian Penal Code and sentencing him to suffering rigorous imprisonment for 6 months and fine of Rs. 200/- or in default further rigorous imprisonment for two months, has been challenged in this appeal.

(2.) THE present appellant along with his father and mother were prosecuted for the offence punishable under Section 306 and 498-A of Indian Penal Code. According to the prosecution, the deceased Antkala @ Suman was married to the present appellant. The appellant along with his wife (the deceased), father Maroti (original accused No. 2) and mother Bhiwarabai (original accused No. 3) were staying under the same shelter, It is the case of the prosecution that the accused No. 1 (present appellant) at the instance of accused Nos. 2 and 3 used-to ill-treat and harass his wife, so much so, that she was forced to commit suicide. It is the case of the prosecution that on 20th September 1984, the deceased Antkala left the house and she never returned back. In the evening of 21st September 1984, the body of one female was found floating in the tank of Bhagwanpur. It was taken out and it was identified to be the dead body of Antkala @ Suman. The matter was reported to the Police Station. The offence came to be registered. On due investigation, accused, including the present appellant came to be charged for the offence punishable under Section 306 and 498a of Indian Penal Code.

(3.) CHARGE under Sections 306 and 498 Indian Penal Code came to be framed against all the three accused who pleaded not guilty to the same and claimed to be tried. Their defence was purely of denial.