GANESH @ PREMNATH DATTU DEORE Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Criminal Appeal No. 934 of 2008 has been filed by Original Accused No. 1, who stands convicted for an offence punishable under sections 498-A and 302 of the Indian Penal Code and sentenced to RI for two years and to pay a fine of Rs. 500/-, in default of which to undergo SI for six months and imprisonment for life and to pay a fine of Rs. 1000/-, in default of which to undergo SI for one year, while Criminal Appeal No. 890 of 2008 has been filed by Original Accused Nos. 2 and 3, who stand convicted for an offence punishable under section 498-A read with section 34 of Indian Penal Code and sentenced to RI for two years and each to pay a fine of Rs. 500/-, in default of which to undergo SI for six months, by the Additional Sessions Judge, Malegaon, by judgment dated 7-8-2008 in Sessions Case No. 299 of 2007, by these appeals question the correctness of their conviction and sentence.

(2.) Facts in brief as are necessary for the decision of these appeals may briefly be stated thus :-

(3.) On committal of the case to Court of Sessions, trial court vide Exh. 15 framed charge against the accused for offence punishable under sections 498-A read with 34, 302 read with 34 and 201 read with 34 of the Indian Penal Code. Accused denied their guilt and claimed to be tried. Prosecution, in support of its case, examined four witnesses. The trial court came to the conclusion that deceased Suvarna had died due to administration of poison and, therefore, convicted the accused No. 1 under sections 302 and 498-A of Indian Penal Code and also convicted accused Nos. 2 and 3 under section 498-A of the Indian Penal Code. The accused being thus aggrieved by their conviction and sentence have filed the appeals.