SUDHIR S/O VISHVASRAO MALASNE Vs. THE STATE OF MAHARASHTRA
LAWS(BOM)-2017-10-226
HIGH COURT OF BOMBAY
Decided on October 04,2017

Sudhir S/O Vishvasrao Malasne Appellant
VERSUS
THE STATE OF MAHARASHTRA Respondents

JUDGEMENT

Mrs. Swapna Joshi, J. - (1.) Being aggrieved by the judgment and order dated 28.08.2002 in Sessions Case No. 865/1997 delivered by the learned First Ad-hoc Assistant Sessions Judge, Amravati, convicting the appellant (hereinafter referred to as 'the accused') for the offence punishable under section 306 of the Indian Penal Code and sentencing him to suffer R.I. for seven years and to pay a fine of Rs. 1000/-, in default, to suffer S.I. for three months; and further convicting him under section 498A of IPC and sentencing him to suffer R.I. for three years and to pay a fine of Rs. 1000/-, in default, to suffer S.I. for three months, the present Appeal is filed.
(2.) The Advocate for the appellant remained absent. I have heard Mr. S.B. Bissa, learned Additional Public Prosecutor for the Respondent-State. With his assistance, I have gone through the record and proceedings of the case, minutely.
(3.) Brief facts giving rise to the instant Appeal may be summarized as under:- Deceased-Pratibha was married with the accused-Sudhir on 8.5.1990. After marriage, she started residing in the joint family of accused at village Kapustalni. The prosecutrix had passed B.A.first year and had also obtained Diploma in tailoring. The accused and his father were also doing tailoring work. It is the case of the prosecution that for about six months after the marriage, Pratibha was subjected to ill-treatment at the hands of the accused. The accused used to insist her to bring money from her father and used to beat her. Whenever Pratibha used to visit her parents' place, she used to complain her parents against the accused. Pratibha and the accused shifted to Murtizapur in the year 1991. Her father-in-law purchased a tailoring shop at Murtizapur. Pratibha along with the accused stayed at Murtizapur for about two years. Her parents-in-law came to that place and started residing with them at Murtizapur. The ill-treatment continued at the hands of the accused with regard to the demand of money and beating her. The accused persons sold the articles of tailoring shop in the year 1993 and returned back to village Kapustalni.;


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