SOU. BISMILLA ISMAIL MULANI Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) The appellants, Original Accused No. 2-Sou. Bismilla Ismail Mulani and Original Accused No. 3-Mansub Ismail Mulani, who stand convicted for offence punishable under Section 302 read with Section 34, 498-A read with Section 34, 304-B read with Section 34 of the Indian Penal Code and sentenced to imprisonment for life and each accused to pay a fine of Rs. 1000/- in default of which to undergo further RI for three months, RI for one year and each accused to pay a fine of Rs. 500/-, in default of which to undergo further RI for one month and RI for seven years and each accused to pay a fine Of Rs. 500/- in default of which to undergo further RI for one month respectively, with a direction that the substantive sentences shall run concurrently, by the Additional Sessions Judge, Malshiras, by judgment dated 18/4/2010, in Sessions Case No. 83 of 2004, by this appeal question the correctness of their conviction and sentence. At the out-set, learned counsel for the appellants has tendered before us the death certificate of appellant no. 1-Sou. Bismilla Ismail Mulani, which is taken on record and marked "X" for the purpose of identification. In the light of the said certificate, therefore, the appeal filed by the appellant no. 1-Sou. Bismilla Ismail Mulani is dismissed as abated on account of death of appellant no. 1-Sou. Bismilla Ismail Mulani.

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

(3.) On committal of the case to Court of Sessions, trial court, vide Exh. 20 framed charge against the accused for offence punishable under Sections 498-A read with Section 34 and 302 read with Section 34 as well as under Section 304-B read with Section 34 of the IPC. Prosecution, in support of its case, examined six witnesses. The defence of the accused was of denial. The trial court upon appreciation of the evidence convicted and sentenced the accused as afore-stated.