SATABAI RAMDAS PATIL, Vs. STATE OF MAHARASHTRA,

JUDGEMENT

(1.) Present application has been filed by original accused persons for suspension of substantive sentence imposed on them in Special Case (Atrocity) No.4/2016 dated 14.01.2020 by learned Special Judge/Additional Sessions Judge, Amalner, Dist. Jalgaon. The applicants have been convicted for the offence punishable under Section 143 of the Indian Penal Code and they are sentenced to suffer rigorous imprisonment for three months and to pay fine of Rs.500/- each, in default to suffer simple imprisonment for 15 days. The applicants are also convicted for the offence punishable under Section 147 of the Indian Penal Code and they are sentenced to suffer rigorous imprisonment for three months and to pay fine of Rs.500/- each, in default to suffer simple imprisonment for 15 days. The applicants are further convicted for the offence punishable under Section 294 read with Section 149 of the Indian Penal Code and they are sentenced to suffer rigorous imprisonment for three months and to pay fine of Rs.500/- each, in default to suffer simple imprisonment for 15 days. Further, the applicants are convicted for the offence punishable under Section 504 read with Section 149 of the Indian Penal Code and they are sentenced to suffer rigorous imprisonment for three months and to pay fine of Rs.500/- each, in default to suffer simple imprisonment for 15 days.

(2.) Heard both sides.

(3.) It appears that only five witnesses were examined by the prosecution to bring home the guilt of the accused. The learned Trial Judge appears to have believed the victim (PW1), her husband (PW 2) and independent witness (PW 4). PW 3 is panch witness, who has not supported the prosecution. PW 5 is an Investigating Officer.