JUDGMENT

ANUJA PRABHUDESSAI,J. - . This is an Appeal under sec. 374 of Cr.P.C. directed against the judgment and order dtd. 20/10/1997 in Sessions Case No.453/1995, Pune.

2. By the impugned judgment, the learned Assistant Sessions Judge, Pune, has held the Appellants (hereinafter referred to as the accused) guilty of offences under Sec. 498-A and 306 of the Indian Penal Code. The accused no.1 is sentenced to undergo rigorous imprisonment for three years with fine of Rs.2,000.00 in default simple imprisonment for two months for offence under sec. 306 of IPC whereas, the accused no.2 was sentenced for the said offence simple imprisonment for six months with fine of Rs.1,000.00 in default to undergo simple imprisonment for one month. No separate sentence has been awarded in respect of offence under sec. 498-A of IPC.

3. The case of the prosecution in brief is as under :- The deceased Janabai was married to the accused no.1 Ramdas Dhondu Kalatkar. They had two daughters from the said wedlock. The first daughter died an accidental death. It is the case of the prosecution that after the delivery of the second child, the parents of Janabai brought her home. When she returned to her matrimo