RAJUBAI Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) This appeal is directed against conviction of the appellant for the offences punishable under Sections 306 and 498A of the Indian Penal and sentence of simple imprisonment for one year with a fine of Rs. 200/- or in default simple imprisonment for one month and simple imprisonment for two years with a fine of Rs. 200/- or in default simple imprisonment for one month respectively imposed upon the appellant on the two counts. Facts which are material for deciding this appeal are as under :-

(2.) Police recorded statements of witnesses, performed necessary panchanamas and on completion of investigation, sent charge sheet to the Court of Judicial Magistrate, Niphad, who committed the case to the Court of Sessions at Nashik. The learned Additional Sessions Judge to whom the case was made over, charged the appellant and other five co-accused for the offences punishable under Sections 306 and 498A read with Section 34 of the Indian Penal Code. Since they pleaded not guilty, they were put on trial at which the prosecution examined in all six witnesses in its attempt to bring home guilt of the accused persons. After considering their evidence, in the light of defence of denial, the learned Judge acquitted all the accused persons of the charges leveled but convicted and sentenced the appellant as aforementioned. Aggrieved thereby, the appellant is before this Court.

(3.) I have heard the learned counsel for the appellant and the learned Additional Public Prosecutor for the State. With the help of both the learned counsel I have gone through the evidence on record. PW-1 Dr. Sadanand Vasudeo Nayak is a Surgeon, who performed the second post mortem examination. He proved his notes of post mortem examination at Exhibit 22, the report of the Forensic Science Laboratory at Exhibit 24 and also his final cause of death Certificate at Exhibit 25. Among other things, he stated in his cross examination that the death had occurred between 02:00 to 04:00 p.m. after food was taken.