VILAS VIKRAMSINGH DESHMUKH Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) The present appeal is directed against the judgment and order dated 26.07.2006 passed by the Additional Sessions Judge, Pandharpur in Sessions Case No. 54 of 2005. By the said judgment and order, the learned Sessions Judge convicted and sentenced the appellants as follow:- <p><style type="text/css"> <!-- .style1 {font-family: Verdana} --> </style> <table class = tablestyle width="60%" border="1" align="center" cellpadding="1" cellspacing="1"> <tr> <td class="style1"><div align="center"><strong>Name of the <br> Accused</strong></div></td> <td class="style1"><div align="center"><strong>Referred<br> in <br> Trial Court</strong></div></td> <td class="style1"><div align="center"><strong>Convicted & Sentenced</strong></div></td> </tr> <tr> <td class="style1">Vilas Vikramsingh <br> Deshmukh<br></td> <td class="style1">Accused No. 1</td> <td class="style1">Under Section 498-A of Indian Penal Code and sentenced to RI for 3 Years and fine of L 1000/- IDSI for 3 months.</td> </tr> <tr> <td class="style1">Jaimala Vikramsingh Deshmukh</td> <td class="style1">Accused No. 3</td> <td class="style1">Under Section 302 of Indian Penal Code and sentenced to life imprisonment & fine of L 1000/- IDRI for 3 months. Under Section 498-A of Indian Penal Code and sentenced to RI for 3 Years and fine of L 500/- IDSI for 3 months.</td> </tr> <tr> <td class="style1">Rajani Viswas Deshmukh</td> <td class="style1">Accused No. 4</td> <td class="style1">Under Section 302 of Indian Penal Code and sentenced to life imprisonment & fine of L 1000/- IDRI for 3 months. Under Section 498-A of Indian Penal Code and sentenced to RI for 3 Years and fine of L 500/- IDSI for 3 months.</td> </tr> </table>

(2.) The prosecution case briefly stated, is as under:

(3.) Charge came to be framed against accused No. 1 Vilas, accused No. 3 Jaimala, accused No. 4 Rajani and original accused No. 2 Vishwas under Sections 498-A and 302 of IPC. All the accused pleaded not guilty to the said charge and claimed to be tried. Their defence is that of total denial and false implication. Their further defence is that Archana died on account of accidental burns sustained due to pallu of her saree falling on the stove. After going through the evidence adduced in this case, the learned Sessions Judge acquitted accused No. 2 Vishwas of all the offences including the offence under Section 302 of IPC. However, the learned Sessions Judge convicted and sentenced the appellants as stated in paragraph 1 above, hence, this appeal.