JUDGMENT (ORAL)

V.M. Deshpande, J.—The present appeal is directed against the judgment and order of conviction passed by learned Additional Sessions Judge, Chandrapur in S.T. No. 163/1996, by which the learned Judge of the Court below convicted the appellant for the offence punishable under Sections 498A and 306 of the Indian Penal Code.

In respect of conviction under Section 498A of Indian Penal Code, the appellant was directed to suffer R.I. for 1 year and 6 months and was directed to pay fine of Rs. 1000/- and in default of payment of fine to suffer R.I. for 6 months.

So far as, his conviction under Section 306 of the Indian Penal Code is concerned appellant was directed to suffer R.I. for 3 years and to pay fine of Rs. 2000/- and in default of payment of fine he was ordered to suffer further R.I. for one year.

2. The prosecution case as it is unfolded during the course of trial, is as under:

Ashok Govindrao Kshirsagar(PW3) on 16/4/1996 was attached to P.S. Ramnagar at Chandrapur as a police constable. His duty hours were from 8.00 p.m. of 16/4/1996 to 8.00 a.m. of 17/4/1996. While he was discharging his duty at about 2.30 a.m. he received a message from Police Control Room info