Bellunke A.S., J. - (1.) This is an appeal preferred by the accused who has been convicted by the Fast Track Court, Sisri in S.C.No.25/2010, dated 17.01.2011 for the offence punishable under Sections 498-A, 306 of IPC. The accused has been sentenced to undergo simple imprisonment for a period of two years and to pay fine of Rs.2,000/- for the offence under Section 498-A of IPC, in default, to undergo simple imprisonment for a period of three moths. The accused is also sentenced to undergo simple imprisonment for a period of five years and to pay fine of Rs.5,000/- for the of fence under Section 306 of IPC in default, to undergo simple imprisonment for a period of six months.
(2.) The brieffacts of this case for the purpose of this appeal are as under: The accused is the husband of one Geeta. They were married about eight years back prior to the date ofincident alleged in this case. After the marriage, the accused used to come to the house everyday by consuming alcohol and used to illtreat the said Geeta by saying that she is not preparing the food properly and she has not given birth to child. Therefore, on account of the cruelty caused by the accused a panchayat was also held by the complainant with the help of the elders in the village. The accused was adviced to treat his wife properly and lead happy married life. That on 25.11.2009 at about 10.30 p.m., complainant received information that his daughter is missing since night and they are searching for her. Then immediately he informed the elders of his village and along with them, he went to the village of his son-in-law at Jadigadde. He questioned the father of the accused about missing of his daughter. He told that yesterday night at 10.00 p.m. there was some quarrel between the husband and wife and in the morning when he asked the accused, he told that she quarreled with him and went away and he do not know where she has gone. On 25.11.2009 they received information that dead body of the said Geeta is lying nearby a forest area. Accordingly, they went there and found that foul smell is coming and suspected that she committed suicide by consuming poison. Therefore, the complainant filed a compl iant alleging that the accused is responsible for the death of his daughter. Based on that complaint, a crime came to be registered. The Investigating Officer conducted investigation. Thereafter, the charge sheet was filed against the accused for the offence punishable under Sections 498-A and 306 of IPC before the Sessions Court. The accused was arrested during the course of investigation and subsequently he has been enlarged on bail.
(3.) Learned Magistrate took cognizance of the alleged of fences and committed the case to the Sessions Court for trial as the offence punishable under Section 306 of IPC is exclusively triable by the Sessions Court. The presence of the accused was secured. After hearing the prosecution and accused, charge came to be framed for the offence punishable under Sections 498-A and 306 of IPC. Accused pleaded not gui lty. Therefore, learned Sessions Judge held trial of the case. After hearing both the sides and on appreciation of evidence on record, learned Sessions Judge came to the conclusion that the offence punishable under Sections 498-A and 306 of IPC are proved against the accused beyond any reasonable doubt. Consequently, passed the impugned judgment of conviction and sentence as stated above. The said judgment has been questioned by the appellant on following grounds: "The impugned order passed by the court below is neither sustainable in law nor on facts of the case. The judgment of the trial court based on assumptions. Trial court passed judgment on imaginary ground without making proper observations on the oral and documentary evidence on record. the evidence PWs-1 and 7 suffers from contradictions, the trial court rejected those contradictions. Trial court has not properly appreciated the evidence on record and that has lead to miscarriage of justice. Trial court has not properly considered the evidence given by the father of the deceased and only independent witness PW-7. Therefore, that evidence the offence for the offence punishable under Sections 498-A and 306 of IPC were not at all proved. Therefore, the judgment of conviction and sentence passed by the Sessions Judge is illegal. The punishment imposed by the Sessions Court is also excessive and disproportionate to the alleged offence said to have been committed by the accused.." Hence, the appellant has prayed to allow the appeal by setting aside the judgment of conviction and sentence imposed on the appellant.;