DHARMENDRA MUNIB GUPTA Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) All the three accused are convicted by judgment and order dated 21.11.2007 of the Sessions Court, Daman for the offence punishable under section 302 r/w 34 of the Indian Penal Code and also u/s 201 r/w 34 of the Indian Penal Code. The maximum sentence awarded to the accused is of life imprisonment. Accused No.2 Baya is the wife of deceased Abel Pereira and was having an affair with accused No.1. The incident of murder has taken place during the night between 18.7.2004 at 20:00 hrs till 4am on 19.7.2004. Accused No.2 was residing with deceased Abel since 9 years prior to the incident.

(2.) As per the case of the prosecution, there was no nuptial knot between them and they were having live-in relationship and procured three children out of the said relationship. PW1 Pinki is the eldest daughter. They were staying in a hut near the mutton market at Daman.

(3.) After completion of the investigation, chargesheet was submitted in the Court of Chief Judicial Magistrate, Daman. The learned Chief Judicial Magistrate committed the case to the Court of Sessions. The trial was conducted before the learned Sessions Judge against all the three accused for the charge u/s 302 r/w 34 as well as section 201 r/w 34 of the Indian Penal Code. Thereafter, it was concluded in the conviction of all the accused. Hence, this appeal.