RAJESH JAGAN KAROTE Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) The appellants herein being aggrieved by the Judgment and Order dated 9/12/2014 passed by the Addl. Sessions Judge, City Civil and Sessions Court, Gr. Mumbai in Sessions Case No. 621 of 2011 along with Sessions Case No. 853 of 2011 have filed these appeals. All the appellants are convicted of the offence punishable under section 498-A read with section 34 of the Indian Penal Code and are sentenced to suffer R.I. for 3 years each and to pay fine in the sum of Rs. 1,000/-each, in default, they shall undergo further R.I. for 2 months. The appellants in Criminal Appeal No. 40 of 2015 are convicted of the offence punishable under section 304-B of the Indian Penal Code and sentenced to suffer R.I. for life, each and to pay fine in the sum of Rs. 1,000/- each, in default, they shall undergo further R.I. for two months.

(2.) Such of the facts necessary for the decision of this appeal are as follows :

(3.) It was noticed by the complainant that investigation was not proceeding in proper direction and therefore on 10 th October, 2011 the complainant filed an application to the Home Ministry and other authorities seeking transfer of investigation in Crime No. 87/2011 to C.I.D. The said application was allowed. On 1/12/2011, the investigation was handed over to C.I.D. On 12/1/2012 application for further investigation was allowed under section 173(8) of the Code of Criminal Procedure, 1973 and supplementary charge-sheet was filed on 13/7/2012.