SHANTARAM BABURAO MORE Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) THESE two appeals arise out of the same incident for which the appellants were tried in Sessions case No. 480/96. The appellants were charged for house tress-pass, having made preparations for committing murder of complainant's brother under section452 read with 34 of IPC, for committing murder of Ashok Barve under section302 read with 34 of IPC as also for having voluntarily caused hurt to the complainant and her sister Shaila @ Shalini Pawar under section323 read with 34 of IPC.

(2.) THE prosecution had in all examined 14 witnesses in support of the said charges. THE defence put forward by the appellants was of total denial. THE trial court after accepting the testimony of complainant Baby Nanda P. W.1 and Shalini P.W.2 who are sisters of the deceased Ashok Barve recorded conviction of the appellants in criminal appeal No. 410/98 under section302 read with 34 of IPC and sentenced them to suffer R. I. for life as also to pay a fine of Rs. 500/- in default to suffer R. I. for two months. THE learned Additional Sessions Judge also convicted appellant Shantaram for offence under section323 IPC and sentenced him to suffer R. I. for three months. He also recorded conviction of the appellants for the offence under Section452 read with 34 of IPC and sentenced them to suffer R. I. for one year and to pay a fine of Rs. 200/- in default to suffer R. I. for one month. So far as the appellant in criminal appeal No. 408/98 is concerned, he was acquitted of the charge of murder of Ashok but he was convicted for offence under section324 of IPC and sentenced to suffer R. I. for one year. THE said appellant was also sentenced to suffer R. I. for three months under section323 of IPC as also under section452 read with 34 of IPC and sentenced to suffer R. I. for one year and to pay a fine of Rs. 200/- in default to suffer R. I. for one month. All the sentences were ordered to run concurrently. THE period of detention undergone during the course of the trial was ordered to be set off under section428 of Cr. P. C. THE appellants challenged their conviction and sentence by two separate appeals which are subject matter of decision of this judgment.

(3.) ON 21-8-1991 at about8. 30 p. m. while P. W.1 Bebinanda was proceeding towards grocery shop of Khilawant for purchasing sugar and tea dust, the accused/appellant Shantaram was standing in front of his house. He snatched the odhni from her neck and threw it on the ground. The brother of complainant P. W.1 namely deceased Ashok Barve was coming behind P. W.1 and he picked up the odhni from the ground and thereafter both of them returned to the house. After the deceased Ashok returned to his house, he is reported to have abused the accused/appellant Shantaram and besides that he stated that he has no moral to speak how he is trying to deal with another's modesty.