RAJEEV KISAN PATIL Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) HEARD.

(2.) THIS criminal appeal filed by original accused No. 1 in Sessions Case No. 316 of 1996 is directed against the order of conviction and sentence dated 6-11-1997 passed by the 2nd Additional Sessions Judge, Jalgaon. The appellant accused is found guilty of the offence punishable under section 302 of Indian Penal Code and is sentenced to suffer imprisonment for life and to pay fine of Rs. 4,000/- in default of payment of fine, to suffer rigorous imprisonment for four months. The appellant accused is also convicted under section 201 of Indian Penal Code and is sentenced to suffer rigorous imprisonment for five years and to pay fine of Rs. 2,000/-; in default of payment of fine, to suffer further rigorous imprisonment for two months. However, the appellant accused is acquitted of the offence punishable under section 498-A of the Indian Penal Code.

(3.) IN brief, the facts of the prosecution case are as under: deceased Sharda was married to appellant on 15-5-1995. After marriage, deceased Sharda was residing in the matrimonial house along with her husband, brother-in-law Sanjeev (original accused No. 2), his wife Shobha (original accused No. 3) and father-in-law Kisan D. W. 5. It is prosecution case that the appellant had indecent intimacy with Shobha the wife of his brother Sanjeev. This indecent intimacy shattered the mental equilibrium of Sharda. She used to question her husband and used to pick up quarrels with him. She was stumbling block in the way of appellant and Shobha. Finally she was done to death.