LAWS(BOM)-1999-12-13

PRAKASH GORAKH TODKAR Vs. STATE OF MAHARASHTRA

Decided On December 22, 1999
PRAKASH GORAKH TODKAR Appellant
V/S
STATE OF MAHARASHTRA Respondents

JUDGEMENT

(1.) THROUGH this appeal the appellants challenge the judgment and order dated 9th July 1991 passed by II Additional Sessions Judge, Solapur in Sessions Case No. 13 of 1990 convicting and sentencing them to undergo simple imprisonment for six months and to pay a fine of Rs. 200/- in default to undergo simple imprisonment for two months for the offence under section 498-A read with section 34 of the Indian Penal Code.

(2.) IN short, the prosecution case runs as under :---Indubai daughter of Annarao Rajmane, resident of Takali, Taluka Madha (P. W. 6) was given in marriage to appellant Prakash Todkar on 26-12-1996. Appellants Satish Todkar and Krishanabai Todkar are the brother and mother respectively of Prakash Todkar. It is alleged that after the marriage, the appellants started ill-treating Indubai and pressurizing her to bring an anklet and a gold ring from her parents. She told the parents that the appellants were harassing her. Her father Annarao (P. W. 6) purchased these articles and sent her back. But the demand of the appellants and harassment of Indubai continued unabated.

(3.) INITIALLY missing report had been lodged, but on 26-11-1987 Shivaji lodged the F. I. R. on the basis of which offences under sections 304-B, 306 and 498-A, read with section 34 of the Indian Penal Code, were registered against the accused persons. After the usual investigation, the appellants were chargesheeted for the said offences and came to be tried.