LAWS(BOM)-2011-4-54

LIMBRAJ VISHNU DHAKANE Vs. STATE OF MAHARASHTRA

Decided On April 06, 2011
Limbraj Vishnu Dhakane Appellant
V/S
STATE OF MAHARASHTRA Respondents

JUDGEMENT

(1.) Heard learned counsel for the parties.

(2.) This is an appeal, preferred by original accused Nos. 1 to 5, challenging the conviction and sentence inflicted upon them, by way of judgment and order dated 29.12.2000, rendered by learned II Additional Sessions Judge, Ambajogai, in Sessions Case No.59 of 1999, thereby convicting them for offence punishable under Section 498A, read with Section 34, of the Indian Penal Code, and sentencing them to suffer rigorous imprisonment for one year, each and to pay fine of Rs.500/, each, in default, to undergo further rigorous imprisonment for three months, each, and also convicting them for offence under Section 306, read with Section 34, of IPC, and sentencing them to suffer rigorous imprisonment for three years, each and to pay fine of Rs.1000/each, in default to suffer further rigorous imprisonment for six months, and also directing the aforesaid substantive sentences to run concurrently.

(3.) Briefly stated, the facts of the case, which gave rise to the present appeal, are that the victim Chandrabhagabai, who was the daughter of PW11 Maroti Kisan Choure, resident of village Jivachi Wadi, married to accused No.1, namely, Limbraj, resident of village Sarul, Taluka Kaij, District Beed, about 8 to 9 years back, and accused Nos. 2 Bysakhu and accused No. 3 Vishnu are her motherinlaw and fatherinlaw respectively, whereas accused No.4 Youvraj and accused No.5 Dhanraj are her brothersinlaw, who all were residing jointly. Out of the wedlock of Chandrabhagabai with accused No.1 Limbraj, two sons and one daughter were begotten.