SHIVAJI SHRIMANT MANDALE Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Present appellants original accused Nos. 1 to 3 preferred the present appeal challenging the judgment and order of conviction dated 28 th October, 2003 passed by 4 th Additional Sessions Judge, Pandharpur, District Sholapur. By the impugned judgment and order passed in Sessions case No. 97 of 2002 the appellants accused Nos. 1 to 3 were convicted for the offence punishable under Sections 302, 307, 323, read with section 34 of I.P.C. In the serious offence of 302 of I.P.C. each appellant accused was sentenced to suffer life imprisonment and to pay fine of Rs.500/- each, in default to suffer rigorous imprisonment (R.I.) for one month each. For the offence under Section 307 of I.P.C. each appellant accused was sentenced to suffer R.I.for seven years each and to pay fine of Rs.1000/- each, in default further R.I. for two months each, for the offence under Section 323 of I.P.C. each appellant accused was sentenced to pay fine of Rs.500/- each, in default to suffer S.I.for 15 days each. Substantive sentences were directed to run concurrently. Set off was given to all the accused for the period they were in custody. Admittedly, since arrest till today, the appellants accused are in custody.

(2.) In order to appreciate the rival arguments, the case of the prosecution can be narrated as under:-

(3.) One Smt. Manisha (PW 5) and one Uttam Jadhav (since deceased victim) were residing together as husband and wife along with minor girl by name Ashwini, daughter of Smt. Manisha from her earlier marriage. They were staying together at Pirachi Kuroli, Taluka Pandharpur, since about six months prior to the fateful incident which occurred on 17 th July, 2002.