SACHIN VITTHAL BORHADE Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) The appellants assail the judgment and order dated 18.12.2007 delivered by the learned Addl. Sessions Judge, Pune in Sessions Case No.452 of 2005, convicting and sentencing them or in furtherance of their common intention committing murder of Sarika, wife of appellant No.1 and daughter-in-law of appellant No.2 and so also for subjecting her to cruelty for not meeting their unlawful demand of golden ornaments. Both of them were sentenced to suffer, imprisonment for life and to pay a fine of Rs.1,000/- and in default of payment of fine, to suffer further rigorous imprisonment for two months for committing the offence under section 302 r.w. 34 of Indian Penal Code and rigorous imprisonment for two years and to pay a fine of Rs.500/- and in default of payment of fine, to suffer further rigorous imprisonment for one month each for the offence under Section 498-A r.w. 34 of Indian Penal Code. The substantive sentences imposed were ordered to run concurrently.

(2.) According to the prosecution, Sarika, the daughter of PW-1 Ashabai and one Narayan Arude, resident of Tinewadi, Tal. Khed, Dist. Pune married appellant No.1 on 14th May, 2004. The appellant No.1 was working as a Labourer and as well as driver for Tractor. After marriage, Sarika resided at village Jaulke alongwith in-laws and appellant No.1.

(3.) The appellants pleaded not guilty to the charge (Exh.4) for such offences framed against him by the Court of Sessions at Pune after the case was committed to said Court by the Committal Court. The prosecution examined in all 4 witnesses referred hereinabove in support of case of the prosecution. The defence of the appellants was that of total denial and false implication.