GAJANAN Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) This appeal has been directed against the judgment and order dated 28.03.2008 delivered by the learned Additional Sessions Judge, Washim in Sessions Trial No. 58/2006, thereby convicting the appellant (hereinafter referred to as "the accused" for the sake of brevity ) for the offence punishable under Sections 498-A & 306 of the Indian Penal Code. For offence punishable under Section 498-A of the Indian Penal Code, the accused was sentenced to suffer rigorous imprisonment for the period of two years and to pay a fine of Rs.2,000/-, in default to pay the fine amount, sentenced to suffer rigorous imprisonment for six months. Whereas, for the offence punishable under Section 306 of the Indian Penal Code, he was sentenced to suffer rigorous imprisonment for the period of five years and to pay a fine of Rs.3,000/-, in default to pay the fine amount, sentenced to suffer rigorous imprisonment for six months. Both the sentences were directed to run concurrently.

(2.) The prosecution case in nutshell can be summarized as under:

(3.) On the basis of the report lodged by PW1-Shriram Bhure, Crime No.2/2006 was registered at Police Station against the accused. PW5-PSI Shriram Karochi visited the spot and prepared spot panchnama. He also recorded inquest panchnama (Exh.21) of the dead body and sent the body to Government Hospital for autopsy. The sample of viscera was taken out and sent to CA Office for its analysis. The C.A. Report was collected. He then recorded the statement of witnesses. After completing the formal investigation, charge-sheet came to be filed in the Court of Judicial Magistrate First Class, Washim. The case was committed to the Court of Sessions. The learned trial Judge after recording the evidence and hearing both the sides convicted the accused, as aforesaid.