MACHINDRA GOVIND DHANAWADE Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Heard the learned counsel appearing on behalf of the Appellants and the learned APP for the State.

(2.) The Appellants have challenged the judgment and order dated 20.4.2004 passed by the VII Additional Sessions Judge, Satara, who was pleased to convict the Appellants for the offence punishable under section 302 r/w. 34 of the Indian Penal Code and sentence them to suffer life imprisonment and to pay a fine of Rs.3,000/- each and, in default, to suffer rigorous imprisonment for six months.

(3.) The prosecution case in brief is that the Appellant in Criminal Appeal No. 765 of 2004 was the husband of the deceased and Appellant Nos.1 and 2 in Criminal Appeal No. 695 of 2004 were the mother-in-law and sister-in-law of the deceased (for the sake of convenience the parties shall be referred to as "Accused Nos.1, 2 and 3"). According to the prosecution, Accused No.1 got married with the deceased about 8 to 9 years before the incident. On 8.9.2003, at about 7.00 p.m., the complainant received a phone call from his brother-in-law that the deceased had sustained burn injuries. He, therefore, rushed to Satara along with his parents and reached the house of the deceased on the next day on 9.9.2003 at about 8.30 a.m. By that time his sister was declared as dead, having sustained burn injuries. A complaint was registered against Accused Nos. 1 to 3. The Trial Court, on the basis of the evidence adduced by the prosecution, convicted the Appellants for the offence punishable under section 302 of the Indian Penal Code.