JUDGMENT

Anuja Prabhudessai, J. - Heard learned Counsel for respective parties.

2. This appeal filed under Section 374 of the Code of Criminal Procedure, is directed against the judgment and order dated 16.12.2008 in Sessions Case No.33 of 2004 whereby learned Additional Sessions Judge, Gadchiroli convicted the Appellant/Accused for the offence punishable under Section 498-A and 306 of the Indian Penal Code and sentenced him to undergo rigorous imprisonment for two years and to pay fine of Rs.1,000/- in respect of offence under Section 498-A of the Indian Penal Code and rigorous imprisonment for 5 years and fine of Rs.2,000/- for the offence punishable under Section 306 of the Indian Penal code. The Appellant shall be hereinafter referred to as 'the Accused".

3. The case of the prosecution in brief is that the Accused was married to Nirmala, who was his second wife. It is the case of the prosecution that the Accused used to beat and ill-treat his wife Nirmala as she was unable to conceive and he was interested in marrying again. Said Nirmala consumed poison on 03.05.2003. She was shifted to the Hospital, but she died on the same night at about 12.00 pm. The Post Mortem over the body o