NAVNATH NAGNATH KHUNE Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) The present appeal is directed against the judgment and order dated 25.01.2007 passed by the Addl. Sessions Judge, Pune in Sessions Case No. 160 of 2005. By the said judgment and order, the learned Sessions Judge convicted the appellants under Section 302 read with 34 of IPC and sentenced them to suffer imprisonment for life and fine of Rs. 2000/- each, IDSI for two months. The appellants are further convicted under Section 498-A read with 34 of IPC and sentenced to R.I. for two years and fine of Rs. 1000/- each, IDSI for 15 days. The learned Sessions Judge directed that the substantive sentences of imprisonment shall run concurrently.

(2.) Charge came to be framed against the appellants i.e. accused Nos. 1 to 3 and accused Nos. 4 and 5 under Sections 498-A simpliciter or under Section 498-A read with Section 34 of IPC and under Section 302 simpliciter or under Section 302 read with 34 of IPC. The accused pleaded not guilty to the said charge and claimed to be tried. The defence of the appellants is that of total denial and false implication. After going through the evidence adduced in this case, the learned Sessions Judge acquitted accused Nos. 4 and 5 of all the offences, however, the learned Sessions Judge convicted and sentenced the appellants i.e. accused Nos. 1 to 3 as stated in paragraph 1 above, hence, this appeal.

(3.) We have heard the learned Advocate for the appellants and the learned APP for the State. After giving our anxious consideration to the facts and circumstances of the case, arguments advanced by the learned Advocates for the parties, the judgment delivered by the learned Sessions Judge and the evidence on record, for the reasons stated below, we are of the opinion that accused No. 1 Navnath poured kerosene on Sheetal and accused No. 2 Putalabai set her on fire.