SHIVAJI NANASAHEB SHINDE Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) The appellant accused Shivaji Nanasaheb Shinde has been convicted for offence punishable under Sections 302 and 201 of the Indian Penal Code, 1860 ("IPC" in brief) by Judgment dated 12.05.2000 by Additional Sessions Judge Kopargaon, in Sessions Case No.2/2000. For offence under Section 302 of IPC, he has been sentenced to suffer imprisonment for life and to pay fine of Rs.1,000/ and in default to suffer simple imprisonment for one year. For offence punishable under Section 201 of IPC, he has been sentenced to suffer rigorous imprisonment for five years and to pay fine of Rs. 500/ and in default to suffer simple imprisonment for six months. Case of the Prosecution

(2.) Case of the prosecution in brief may be stated to be as under :

(3.) Prosecution brought on record the oral and documentary evidence it wanted. Statement of accused was recorded. He maintained that he was innocent and thieves had indeed beaten him and taken away his wife and he did not know what happened to his wife Shaila. The learned Trial Judge after hearing the arguments convicted the accused under Section 302 and 201 of IPC, as mentioned above. Although the trial Court found that there were unlawful demands but held that the wife was not forced to fulfill the demands and so observed that the evidence falls short of offence under Section 498A of IPC. Thus, trial Court acquitted the accused on that count, and State has not challenged acquittal on that count.