SANJAY CHHAGAN JADHAV Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) The challenge in this appeal is to the conviction and sentence imposed upon appellant no.1 by way of judgment and order, dated 21.12.2000, rendered by the learned Additional Sessions Judge, Aurangabad, in Sessions Case No. 135 of 1996, thereby convicting him for the offence punishable under Section 498A r/w Section 34 of the Indian Penal Code and sentencing him to suffer R.I. for one year and to pay fine of Rs.1,000/ , in default of payment of fine further to suffer R.I. for two months; and convicting him for the offence punishable under Section 306 r/w Section 34 of the Indian Penal Code and sentencing him to suffer R.I. for three year and to pay fine of Rs.3,000/ , in default of payment of fine further to suffer R.I. for six months.

(2.) It appears that by the said impugned judgment and order, appellant no.2, namely Chhagan Punjaba Jadhav was also convicted and sentenced for the afore said offences, but since he is expired during he pendency of present appeal, present appeal stands abated in respect of appellant no.2 (original accused no.3) as per order passed on 6.6.2011. Moreover, original accused no.2 Zelabai Chhagan Jadhav also faced the trial along with the appellants herein in the afore said Sessions Case No. 135 of 1996 for the above referred offences, but she was acquitted for the charges levelled against her by the impugned judgment and order, dated 21.12.2000.

(3.) The facts and events giving rise to the present appeal are as follows :