SITARAM Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) The appeal is directed against judgment and order dated 04/7/2008 in Sessions Trial No.81/2007 passed by learned Sessions Judge, Bhandara convicting the appellants for offence punishable under Section 304, Part-II of the Indian Penal Code and sentencing each appellant to suffer rigorous imprisonment for ten years and fine in the sum of Rs.500/-, in default to undergo imprisonment for six months.

(2.) The prosecution case in brief is; Sindhubai PW-1 lodged report (Exh.36) at Andhalgaon Police Station about the incident which occurred on 14/8/2007 when Shriram (her son-in-law) was pulled by putting noose around his neck by his father Sitaram; while Jairam (other son of Sitaram) was felling down Shriram; while Shriram was also pulled & pushed by Saya (daughter of Sitaram). When first informant tried to separate them, she was pushed away saying that she is root cause of ruination. The trio had put a noose of rope around Shriram's neck and dragged him on the road. In the result, Shriram died. Thereafter, crime was reported under F.I.R. No.57/07 for the offence punishable under section 302 read with Section 34 of the Indian Penal Code. The investigation followed. P.W.9 Shri. B. K. Madavi, A.P.I. Visited spot and drew spot panchanama in presence of panchas. Inquest panchanama was drawn as per Exh. 47 & dead body was referred for post-mortem. The accused were arrested. The accused No. 1 made a statement and led police & panchas under panchanama for discovery of rope Art. 1. Upon completion of investigation, charge-sheet was filed before J.M.F.C.,Mohadi and the case was committed to the Court of Sessions, Bhandara on 19/11/2007. The charge was framed on 03/01/2008 to which the accused pleaded not guilty and claimed trial. The prosecution examined nine witnesses including first informant Sindhu (P/W/l) and closed the evidence. The accused had entered in to defence and examined a witness Bandu Rehpade (D.W.I).

(3.) The trial Court convicted the appellants for offence under Section 304, Part-II read with Section 34 of the Indian Penal Code and sentenced each of them to suffer rigorous imprisonment for ten years each and to pay fine of Rs.500/- payable by each as referred above.