PUSHPABAI SUBHASH GARUDKAR Vs. STATE OF MAHARASHTERA

JUDGEMENT

(1.) BY this appeal the appellants, four in numbers, have challenged the order of conviction passed by the 10th additional Sessions Judge, Pune in Sessions Case No. 487 of 1998 under sections 302, 498-A, 452, 324, 504 read with 34 of IPC on 23-2-2000.

(2.) WITH the assistance of the learned counsel for the accused and the learned Prosecutor, we have scrutinized the records of the case and re-appreciated the evidence on record. The prosecution has examined as many as 13 witnesses in support of its case.

(3.) THE prosecution story as emerges from the testimony of these witnesses stated briefly is that the appellants are in-laws of the victim Manisha who was married to one Mangesh. The in-laws was ill-treating the deceased Manisha and there used to be frequent quarrels in this relation. On 5-10-1998 such quarrel took place and the accused were quarrelling with the husband of the victim and were assaulting him. At that time the deceased was inside the house. When the deceased saw that her husband being beaten, she came near the window and tried to intervene. The prosecution case is that thereafter she was put on fire by the present appellants, the original accused, as a result of which she ultimately died in the hospital. The learned trial Judge on appreciation of this evidence came to a conclusion of guilt and convicted the four accused as aforesaid. It is this order of the learned trial Judge which is impugned in this appeal.