Important Point – Assault and abuse constitute offence of cruelty.

Shalini Phansalkar Joshi, J.

1. The appellant, who stands convicted by the judgment and order dated 16th June, 2005, of Second Additional Sessions Judge, Thane, in Sessions Case No.142 of 2004, for the offence punishable under Section 302 and 201 of Indian Penal Code, and sentenced to suffer imprisonment for life and to pay fine of Rs.5,000/-, in default to suffer rigorous imprisonment for one year and rigorous imprisonment for 3 years and to pay fine of Rs.3,000/- in default to suffer rigorous imprisonment for six months, respectively; by this appeal, challenges his conviction and sentence.

2. As by the said judgment and order itself, the appellant is acquitted, for the offence under Section 498A of Indian Penal Code, being aggrieved thereby the original complainant has preferred Revision Application, for setting aside the said order of acquittal and also for enhancement of sentence of appellant from life imprisonment to death penalty.

3. Brief facts of the appeal and Revision Application, can be stated as follows:-

Appellant, is the husband of P.W.2 Dinkar Kausadikar's daughter Prachi, since deceased. It was a love marriage performed in August, 2000 despite the parents of Prachi initially not willing for the same to give consent and on her insistence gave consent. Prachi was Architect and appellant was in private service. After marriage, they resided with his parents for about three months. Thereafter they started residing in a rented house at Flat No.4 at Anadam Cooperative Housing Society at Koparkhairane. Within 3 to 4 months, P.W.2 Dinkar purchased the said flat in the name of his wife Sandhya and daughter Prachi. P.W.6 Rashmi, the elder sister of Prachi was also residing in the same building, on the 4th floor. Within few days after the marriage, the appellant became addicted to liquor and started illtreating Prachi. He also developed an affair with his excolleague Preeti Surange. She used to visit his house in the absence of Prachi. That created a rift in the relationship between the appellant and Prachi. Her parents attempted to persuade and convince the appellant, but it was in vain.

4. In August/September 2001, in the midnight, Prachi informed her parents on phone that the appellant was in drunken condition and beating her. They reached her home to find the appellant under the influence of liquor. They took Prachi to their home. On the next day, the appellant apologised other for that incidence and therefore, Prachi again returned to his house. However, there was no improvement in the conduct of appellant. He was also arrested by Vashi Railway Police, in connection with robbery. P.W.2 Dinkar, Prachi's father got him released on bail. This conduct of the appellant ultimately drove the parties to take decision of divorce by mutual consent. The petition to that effect was filed in the Civil Court at Thane in April, 2002. On filing such petition, Prachi shifted to the house of her parents; whereas appellant left for Delhi. His girl friend Preeti followed him. The appellant's father then approached P. W.2 Dinkar, to make efforts for Prachi to resume cohabitation with appellant. Hence Prachi went to Delhi to convince the appellant. In November, 2002, appellant returned to Navi Mumbai and both of them started residing together on the assurance of appellant that he will improve his conduct.

5. Flat No.304 in Konkan Housing Cooperative Society, Sector No.15, was taken on rent by them. P.W.2 Dinkar, Prachi's father, paid Rs.40,000/- towards deposit of the said flat and appellant and Prachi started residing there. However, the conduct of the appellant did not improve. He resumed his relationship with Preeti. Hence once again the relations between the spouses became strained. On 18th March, 2003, Preeti was seen in the house of appellant by Rashmi, the elder sister of Prachi. She informed Prachi about the same and then Preeti was driven out of the house.

6. In this backdrop, on 31st March, 2003 at odd hours of 4.00 a.m., Prac