BHUPENDRA S/O GOVARDHANLAL Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) These appeals have been filed by original accused Nos. 1 and 3 respectively. Both of them were charged along with accused no.2 Govardhanlal Shriramdas Sachdeva, the father of original accused no.1 Bhupendra. Accused no.2 Govardhanlal came to be acquitted by 2nd Additional Sessions Judge, Aurangabad of offence punishable under Sections 498A, 304 B of the Indian Penal Code, 1860 ( IPC in brief). Accused No.1 Bhupendra and accused No. 3 Rupindar were convicted of offence punishable under Section 302 of IPC and sentenced to suffer imprisonment for life. Accused No.1 Bhupendra was convicted under Section 498A of IPC and sentenced to suffer rigorous imprisonment for one year. Accused No.3 Rupindar came to be convicted under Section 114 of IPC and sentenced to suffer rigorous imprisonment for one year.

(2.) The case of prosecution as brought before the trial Court, in brief, is as under :

(3.) Matter being Sessions triable, the same was committed to the Court of Sessions. Sessions Case No. 164/1994 came up for trial and on 04.01.1997 against accused Nos. 1 and 2 charge was framed under Sections 498A, 304B, both read with 34 of IPC and against accused no.3 Rupindar under Section 114 of IPC. Subsequently, additional charge was framed on 19th March, 1997 against the accused Nos. 1 and 3 under Section 302 read with 34 of IPC. Accused persons claimed to be not guilty. Prosecution brought on record the oral and documentary evidence. Trial Court after considering the evidence as well as defence and written statements filed by accused Nos. 1 and 3 pronounced the judgment as mentioned above. Some admitted documents