LAWS(BOM)-2003-2-15

KAILASH BALIRAM PAWAR Vs. STATE OF MAHARASHTRA

Decided On February 13, 2003
KAILASH BALIRAM PAWAR Appellant
V/S
STATE OF MAHARASHTRA Respondents

JUDGEMENT

(1.) THIS is an appeal which seeks to quash and set aside the judgment and order passed by the Additional Sessions Judge, Pusad on 24-10-2001 in Sessions Trial No. 84/93, by which the present appellants (hereinafter referred to as the accused Nos. 1, 2, 3 and 4) have been convicted for an offence punishable under sections 498-A and 304-B read with section 34 of the Indian Penal Code. For the offence under section 498-B of the Indian Penal Code, they have been sentenced to suffer rigorous imprisonment for three years and to pay fine of Rs. 2000/- each and in default to suffer further rigorous imprisonment for six months. For the conviction under section 304-B of the Indian Penal Code, they have been sentenced to suffer rigorous imprisonment for a period of seven years and to pay a fine of Rs. 5,000/- each and in default to suffer further rigorous imprisonment for the period of one year.

(2.) THE brief facts of the prosecution case are as under:

(3.) THE contention on behalf of the learned Advocate for the accused could be summarised as follows: