A.M. DHAVALE, J.

1. Both these appeals are against the judgment in Sessions Case No. 63/2001 delivered by the Addl. Sessions Judge, Beed, on 2-2-2002 whereby the accused was convicted only under section 498-A, Indian Penal Code and was sentenced to suffer RI for one year and six months and to pay fine of Rs. 1500/- in default, RI for six months and was acquitted under section 302 of Indian Penal Code. The aggrieved accused has preferred Cri. Appeal No. 73/2002 against conviction while the aggrieved State has filed Cri. Appeal No. 312/2002 against acquittal.

2. The facts relevant for deciding these appeals may be stated as under:

On 15-3-2001 at 09:45 a.m. the accused Gautam then aged 28 years serving as a Police Constable in Police Band lodged report at Beed town Police Station. As per his report Exh.44, he was residing with his wife Anita and one son and one daughter in house No. 139, O Line, Balepir at Beed. On 14-3-2001, he returned from his duties from Ambejogai to his house at 07:30 p.m. Then at 08:30 pm., he went to attend a Haldi programme of a daughter of his col