SHRIRAM Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) THIS appeal challenges the judgment and order dated 27.11.2001, passed by learned 2nd Additional Sessions Judge, Jalna, in Sessions Case No.3 of 2001, convicting the appellants for the offence punishable under section 498 -A r/w 34 of Indian Penal Code (for short "IPC") and sentenced to suffer rigorous imprisonment for a period of two years and to pay fine of Rs.2000/ - with default clause. Appellant No.3 -Dinkar is held guilty for the offence punishable under section 302 of IPC and was sentenced to suffer life imprisonment and to pay fine of Rs.1000/ - with default clause. Appellant Nos.1 to 3 are also held guilty for the offence punishable under section 201 r/w 34 of the IPC and sentenced to suffer rigorous imprisonment for two years and to pay fine of Rs.2000/ - each with default clause. The appellant Nos.1 and 2 were acquitted of the charge of murder. All the sentences were directed to run concurrently.

(2.) THE facts leading to the prosecution case are as under: -

(3.) AT the trial, as many as 10 witnesses were examined and learned Judge came to the conclusion that the appellants treated Nirmala with cruelty in order to demand valuables from her. Learned Judge also came to a conclusion that Nirmala was hanged to death by appellant No.3 and later -on all the three appellants to destroy evidence, set her body on fire and thereby committed the offence punishable under section 201 r/w 34 of IPC. Learned Judge also came to the conclusion that it was appellant No.3 who committed murder and thus committed offence punishable under section 302 of IPC. Appellant Nos.1 and 2 were acquitted for the offence punishable under section 302 r/w 34 of IPC, but State of Maharashtra or the complainant did not file any appeal against such acquittal.