LADKYA JIVA BHURBHURA Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) The appellants herein are convicted for the offence punishable under sec. 302 read with sec. 34 of the Indian Penal Code by the Additional Sessions Judge, Thane vide Judgment and Order dtd. 12/1/1998 in Sessions Case No. 381 of 1988 and sentenced to undergo imprisonment for life and also to pay a fine of Rs.500.00 each I.d. to undergo further R.I. for 3 months. Both the appellants are further convicted for the offence under sec. 452 read with sec. 34 of Indian Penal Code and sentenced to undergo R.I. for two years and to pay a fine of Rs.300.00 each I.d. to suffer R.I. for two months. Hence, this appeal.

(2.) Such of the facts necessary for the decision of this appeal are as follows:

(3.) The prosecution examined as many as 6 witnesses to bring home the guilt of the accused. However, prosecution rests on the evidence of P.W. 1 Shankar Wagh, P.W. 3 Ladkyai, who is the first wife of the complainant, P.W. 4, Lakhma Ghatal, a close acquaintance of complainant, P.W. 5 Dr. Arun Gavali and P.W. 6 Investigating Officer Pundlik Satoshe.