JUDGMENT

Markandey Katju, J.—This appeal has been filed against the impugned judgment & order of the High Court of Bombay in Criminal Appeal No. 115 of 1996.

2. Heard learned counsel for the parties and perused the record.

3. In this case the appellant Bandu had been found guilty under Section 498-A of the Indian Penal Code and was sentenced to rigorous imprisonment for 2 years and a fine of Rs. 500/- by the trial court. However, on appeal by the State Government as well as Bandu, the High Court while setting aside the conviction of the appellant under Section 498A, held him guilty under Section 302 IPC and convicted him to life imprisonment and a fine of Rs. 500/-.

4. According to the prosecution case PW6 Shanta Kotangale was married to accused Bandu on 10.5.1985. After happy cohabitation for initial 12 months, the parties started having differences. Accused Bandu used to say that he did not like Shanta and that she should go back to her parent’s place. She conceived, but continued to face ill-treatment. Eventually, her brother took her to the parental house. She filed a petition for maintenance before the learned Judicial Magistrate First Class Hinganghat, in which a compromise was