RADHABAI FATTESING PAWAR Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) The appellants, who stand convicted for an offence punishable under Sections 498A, 302, 304B read with Section 34 of the Indian Penal Code and sentenced to simple imprisonment for three years and each to pay a fine of Rs. 1000/- in default of which to undergo imprisonment for six months, imprisonment for life and each to pay a fine of Rs. 1000/- in default of which to undergo imprisonment for one year and simple imprisonment for seven years and each to pay a fine of Rs. 1000/- in default of which to undergo imprisonment for one year, with a direction that all the substantive sentences shall run concurrently, by the Additional Sessions Judge, Pune, by judgment dated 01/07/2013 in Sessions Case No. 448 of 2010, by this appeal question the correctness of their conviction and sentence. This court while deciding Criminal Application No. 1182 of 2013, filed by the applicant/original accused No. 4 seeking enlargement on bail, had observed that looking to the nature of the evidence, this appeal filed by the accused needs to be decided expeditiously. Accordingly, this court directed that the appeal be listed for final hearing before the court on 8/10/2013. Pursuant to the order passed by this court dated 27/9/2013, this appeal has been listed before us for final hearing.

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

(3.) On committal of the case to Court of Sessions, trial court vide Exh. 45 framed charge against the appellants for offence punishable under Sections 498-A and 306 read with Section 34 of IPC. Additional charge vide Exh. 28 was framed for offences punishable under Sections 302 and 304B read with Section 34 of IPC. The accused denied their guilt and claimed to be tried. The prosecution in support of its case examined nine witnesses. The trial court upon appreciation of the evidence, convicted and sentenced the appellants as afore-stated.