1. This is an appeal by the accused who was convicted under Section 306, 498-A and 201 of the Indian Penal Code. He has been sentenced to undergo rigorous imprisonment for a period of five years for having committed offence under Section 306 of Indian Penal Code, rigorous imprisonment for two yeas for having committed offence punishable under Section 498-A of Indian Penal Code and rigorous imprisonment for one year for having committed offence punishable under Section 201 of the Indian Penal Code. All sentences were directed to run concurrently. The appellant shall hereinafter be referred to as accused.

2. The facts giving rise to this appeal are as under - Smt.Gunwantabai ñ the complainant ñ is the mother of deceased Kavita. She has two daughters. Elder daughter Mangala resides at village Panora. Deceased Kavita was married to the accused two years prior to her death. Deceased Kavita was treated well for two months after the marriage and thereafter accused started ill-treating the deceased. Since accused was in the habit of consuming liquor, he used to beat the deceased under influence of liquor. Since the complainant received such information, she had sent her husband to the house of the accused. She also had gone once to the house of the accused. At that time, it is alleged that, Kavita used to tell her that accused suspects here fidelity and asks her different questions. He does not like her talking with anybodyelse. Kavita was therefore fed up of this harassment. Kavita was brought by her to her house and stayed for fifteen days after Diwali. She was again sent back. One day, complainant received an information that her daughter has been admitted in the hospital. The complainant went there. Her daughter had already expired. The complainant, therefore, lodged the report with the police. The Police registered offences under Section 306, 498-A and 201 of the Indian penal Code. After completion of the investigation, the police filed charge sheet-against the accused.

3. The Sessions court framed the charge against the accused after the case was committed and came to the conclusion after recording the evidence that all charges against the accused have been proved. He was, therefore, sentenced to imprisonment as stated above. Being aggrieved by that order of conviction and sentence, this appeal has been preferred.

4. I have heard the learned counsel for the accused and the learned Additional Public Prosecutor for the State. I have perused the record.

5. The learned counsel for the accused at the very outset contended that the conviction of the appellant under Section 498-A of the Indian Penal Code cannot be sustained in any case. He submitted that the deceased was not a legally wedded wife of accused at all. He also contended that only a legally wedded wife can acquired a status of wife. The accused and his wife are both Hindus and therefore are governed by the Hindu Marriage Act. Therefore, it is incumbent that neither of the party to marriage should be a spouse living at the time of the marriage. PW 1 Gunwantabai ñ the mother of the deceased, in cross examination admits that when the marriage between accused and the deceased took place, there was no divorce between accused and his first wife. Obviously, the accused had a spouse living at the time of his marriage with the deceased. This court in a case reported in 2007(5) Mh.L.J. Pg.425 (Ranjana Gopalrao Thorat ..vs.. State of Maharashtra) has observed as follows - ìIt is thus clear that if at all there is any marriage between Baburao and the present applicant, it is void. If it is void, it is non est. In any case, therefore, second wife cannot assume a character as wife. It is no marriage in the eye of law. A person can become a relative only by blood or marriage and not otherwise. The word relative has been defined in the Chamber Dictionary ìperson who is related by blood or marria