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V.L.ACHLIYA
Ramesh Dalpatsa Kalal – Appellant
Versus
State of Maharashtra – Respondent


Advocates:
Counsel for the Parties:
For the Appellants:Shri C.R. Deshpande, Advocate
For the Respondent: Shri K.S. Patil, Addl. P.P.

JUDGMENT

V.L. Achliya, J.—This appeal is directed against judgment and order dated 5th January, 2002 passed by the Adhoc Additional Sessions Judge, Shahada, District Nandurbar in Sessions Case No.238 of 1998. By the impugned judgment and order, appellants were held guilty of offence punishable under Section 3 of the Dowry Prohibition Act and sentenced to suffer S.I. for two years and to pay a fine of Rs.15,000/each, in default of payment of fine, to suffer S.I. for three months.

2. In brief, the facts leading to filing the appeal are summarized as under:

(a) Appellants / accused were tried for committing offences punishable under Sections 306, 420 r.w. 34 of IPC and section 3 of the Dowry Prohibition Act, 1961. On conclusion of trial, appellants were acquitted of the offences punishable under Sections 306, 420 r.w. 34 of IPC. They were convicted for the offence punishable under Section 3 of the Dowry Prohibition Act and awarded sentence as stated above.

(b) On 9.10.1992, the complainant Ashok Kalal (P.W.3) visited Police Station, Shahada and lodged complaint vide Exh.39 alleging therein that engagement of his sister Pramila (hereinafter referred to as the ‘deceased’) had taken plac

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