SHARDABAI DHONDIRAM MANE Vs. THE STATE OF MAHARASHTRA

JUDGEMENT

(1.) THE Appellant is the original accused No. 2. By the Judgment and order dated 10th September, 2004 in Sessions Case No. 29 of 2004, the learned VIth Additional Sessions Judge, Sangli convicted the Appellant under Section read with Section of the Indian Penal Code. The Appellant was sentenced to undergo imprisonment for life and to pay fine of Rs. 2,000/ - in default, R.I. for six months. The prosecution case is that on 14th August, 2003 at about 23 hours in the land bearing Gat No. 506 of Pandurang Dadu Madane at village Karanje, the Appellant along with co -accused in furtherance of their common intention assaulted deceased Dhondiram Bhairu Mane by means of sticks of babhul and bamboo and forcibly administered poison by name Rogar and as a result, said Dhondiram died the next day. P.W.No. 7 ASI Bapu Dayanu Chandane lodged the First Information Report (FIR). Thereafter, investigation commenced. After completion of investigation charge -sheet came to be filed.

(2.) CHARGE came to be framed against the Appellant -original Accused No. 2 along with original accused No. 1 i.e. her son Bhagavat under Section of IPC for causing death of Dhondiram Mane. The Appellant pleaded not guilty and claimed trial. The defence of the Appellant is that of total denial and false implication. The further defence is that the case would not fall under Section of IPC, but it would fall at the most under Section of the IPC. After going through the evidence adduced in this case, the learned Sessions Judge convicted and sentenced the Appellant as stated in paragraph No. 1 above, hence, this Appeal.

(3.) WE have heard Mr. Arfan Sait, Advocate appointed for the Appellant and Mr. J.P. Kharge, learned A.P.P. for the Respondent -State. We have perused the evidence as well as the judgment and order of the learned Sessions Judge. After carefully considering the matter, we are of the opinion that the appellant and other accused did cause injuries to Dhondiram which resulted in his death.