RAFIQ KHALIL CHAND GAVANDI Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) This appeal is directed against the conviction of the appellants by the learned Additional Sessions Judge, Sangli, for the offences punishable under Sections 498A and 306 of the Indian Penal Code, and sentence of simple imprisonment for one month each with fine of Rs. 1,000/- each or in default to suffer simple imprisonment for 15 days and further sentence of simple imprisonment for three months each with fine of Rs. 1,000/- each or in default simple imprisonment for 15 days, respectively, on the two counts, upon conclusion of Sessions trial No. 30 of 1994, before him. Facts which are material for deciding this appeal are as under:-

(2.) The learned Additional Sessions Judge to whom the case was made over, charged the appellants i.e. husband and in-laws of the victim of offences punishable under Sections 498A, 304B, 306 read with 34 of the Indian penal Code. They pleaded not guilty to the charge framed and hence they were put on trial at which the prosecution examined only first informant-victim's father, and the Investigating Officer. On behalf of defence, Police Head Constable Mansur Dhanavade was examined in respect of registering an offence under Section 309 of the Indian penal Code. After considering the prosecution evidence in the light of defence of false implication, the learned Judge convicted and sentenced the appellants as aforementioned. Aggrieved thereby the appellants are before this Court. Appellant No. 4 Shafiq Chand Gavandi expired during the pendency of appeal on 8th September, 2007, and nobody has prosecuted the appeal on his behalf. Therefore, the proceeding in so far as it relates to Shafiq Gavandi, abated.

(3.) I have heard learned counsel for the appellants and learned Additional Public Prosecutor for the State. With the help of both I have gone through the entire record placed before me.