(1) The appellant filed this appeal challenging the judgment and order passed by VII Addl. sessions Judge, Thane, in Sessions Case No.178/1988 whereby the appellant was convicted for the offence under Section 304-B of IPC and sentenced to undergo R.I. for seven years and was also convicted under Section 498-A of IPC and was sentenced to undergo R.I. for three years and to pay fine of Rs.200/-.

(2) To state in brief, the prosecution case is that deceased Tai @ Urenica, daughter of PW-6 Vinayak and PW-7 Babanbai, was married to the accusedappellant about 5 years before her death. She always used to make complaint before her parents and sister PW-8 Margaret about the demands of money by her husband and quarrels on that count. On 18.12.1987 at about 1.30 a.m. her dead body with number of stab and incised wounds was found near I.O.W. office at Kalyan. Police on patrolling duty found the dead body and after enquiry, her identity was fixed. Immediately thereafter, inquest panchnama was drawn and FIR was lodged by police and Crime No.81/1987 was registered with Bazarpeth Police Station, Kalyan under Section 302 of IPC against unknown person. After that her parents were contacted and it was revealed that the accused used to beat and ill-treat his wife on account of demand of money. Therefore, the accused came to be arrested on 7.1.1988. According to prosecution, on the basis of information given by the accused, a knife which was allegedly used as a weapon of offence and his clothes were seized under a panchnama. The property was sent to C.A. and report also received. After investigation, police filed charge-sheet for the offences under Sections 302, 304-B and 498A of IPC against the accused. The accused pleaded not guilty and he denied all the allegations about the demand of money and ill-treatment to his wife.

(3) On behalf of prosecution, in all nine witnesses were examined and several documents were also placed on record. The trial Court acquitted the accused for the offence under Section 302 of IPC as there was no reliable evidence to establish that the accused had committed murder of his wife. However, the trial Court convicted the accused for the offences under Sections 304B and 498A of IPC and sentenced him as stated above.

(4) At the outset, it may be stated that initially, the accused was in custody from 7.1.1988 to 16.1.1989, when he was granted bail. On 21.7.1992, he was again taken in custody after the judgment and order of conviction and as the case was not likely to be disposed of in a short time, he was released on his personal bond as per the order dated 18.10.1995. Thus, he was in jail for more than 4 years and 3 months when he was released by this Court. When the appeal came up for final hearing, nobody appeared for the accused-appellant. Even the warrant issued to him could not be executed. In these circumstances, the appeal is taken up for final hearing. I have gone through the record and proceedings with the assistance of the learned APP. Pw-6 Vinayak, Pw-7 Babanbai and Pw-8 Margret are father, mother and elder sister of deceased. According to Pw-6 Vinayak, accused had demanded Rs.500/- which he had paid. According to him, he made that demand once or twice. He also deposed that whenever his daughter Urenica would come to parents' place, she used to complain that her husband used to quarrel and beat her. He also deposed that whenever there would be any quarrel, she used to come back to parents' place. According to him, in the month of August,1986, also she had come and complained that she was beaten by husband and she was not ready to go to his house. At that time, she stayed with parents for about 15 days. Thereafter, she was taken back by her husband. After August 1986, she had been to parents' place twice or thrice and every time she was making complaint against her husband. Pw-7 Babanbai deposed that they had given amount of Rs.500/- to him. Besides that, a gold ring, utensils and saree were also given to