ASHOK BABURAO KADAM Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) CRIMINAL Appeal No. 143 of 1990 is filed by Ashok Baburao Kadam original accused No. 1 against the order dated 25th January, 1990 passed by the Additional Sessions Judge, Dhule, in Sessions Case No. 1 of 1989 holding him guilty for the offences punishable under section 498-A and 302 of the Indian Penal Code and sentenced him to suffer imprisonment for life.

(2.) THE present appellant-accused Ashok is the son of one Baburao Maruti Kadam, who was accused No. 2 in Sessions Case No. 1 of 1989 and both these accused were charged for having committed the offences, punishable under sections 498-A and 302 read with 34 of the Indian Penal Code. On appreciation of evidence on record the learned Additional Sessions Judge held that there was no evidence against accused No. 2 Baburao Maruti Kadam so as to prove any of these two alleged offences and in the result acquitted accused No. 2 Baburao Maruti Kadam of both the offences. Accused No. 1, therefore, is the only appellant before us. While admitting his Criminal Appeal No. 143 of 1990, this Court by order dated 23rd April 1990 ordered to issue a notice to the appellant accused for enhancement of sentence and called upon him to show cause as to why the death penalty should not be inflicted for the alleged two offences in place of sentence of life imprisonment passed by the lower Court. Criminal Appeal No. 143 of 1990 and Suo Motu Notice No. 2 of 1990 have therefore, being clubbed together and both have been ordered to be treated as confirmation case.

(3.) THE deceased involved in the present case was one Meena, wife of the appellant accused Ashok, and the incident is alleged to have been taken place on 24th September, 1988 between 5. 00 a. m. and 6. 00 p. m. The deceased Meena and the accused Ashok married about 10 to 12 years prior to the incident and were living in Oke Chawl within the limits of Dhule city. Deceased Meena hailed from Dhule district and her maiden surname was Babar and used to stay with her parents in Lane No. 4 at Dhule. During the married life the deceased Meena gave birth to two children and their married life was smooth and happy for a couple of years. The appellant accused Ashok was gainfully employed as Junior Engineer in the Maharashtra State Electricity Board, Dhule but came to be suspended 4-5 years ago. Because of the loss of job accused Ashok developed the vice of drinking and as he had no other ostensible source of income he used to demand money from the deceased Meena as the deceased Meena was gainfully employed as a clerk in the Judicial Department of District and Sessions Court, Dhule. It is alleged by the prosecution that on many occasions the deceased Meena used to be driven out of her house but because of the intervention of the relations she used to come and stay with her husband again.