ACHUT NANABHAU GAMBHIRE Vs. THE STATE OF MAHARASHTRA

JUDGEMENT

(1.) The appeal is admitted on 19.12.2011, and hearing was expedited. The appellants have assailed conviction recorded by learned Additional Sessions Judge II, Ambejogai, in Sessions Case No. 74/2010, dated 15th Sept., 2011, convicting them for offense under Section 302 read with Section 34 of IPC, to suffer life imprisonment and, for offense punishable under Section 498-A read with Section 34 of IPC to undergo rigorous imprisonment for one year and to pay fine of Rs. 1,000/-. The sentences were directed to run concurrently.

(2.) In order to establish guilt of accused, prosecution has examined following eight witnesses. P.W. No. 1 Sahebrao Vishwaath Gholwe is informer and uncle of deceased Archana. PW No. 2 Kalpana Bhimrao Gholve is sister of deceased Archana. PW No. 3 Bajirao Bhanudas Gholve is nephew of Sahebrao. PW No. 4 Rajkumar snapped photographs, PW No. 5 Gyandeo was panch to the spot panchnama, PW No. 6 Dr. Nandkumar Sadashiv Neharkar conducted post mortem on the dead body of Archana on 6.6.2010. PW No. 7 Meghana Mukinda Gholve is Panch for inquest.

(3.) Learned Additional Sessions Judge has acquitted the accused/appellants for offense punishable under Sections 435, 436 and 201 read with Section 34 of IPC.