VINAYAK Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Appellant/original accused no.1, though was acquitted for the offence punishable under Section 504 r/w Section 34 of the Indian Penal Code, is aggrieved by judgment and order of his conviction and sentence, dated 30.7.2011, passed by the learned Sessions Judge, Beed, for the offence punishable under Section 302 of the Indian Penal Code, by which the learned trial court directed the appellant to suffer Rigorous Imprisonment for life and to pay a fine of Rs.1,000/-, in default to suffer Rigorous Imprisonment for six months on that count.

(2.) Originally, in addition to the appellant, two other ladies, original accused no.2-Barkubai w/o Vinayak Pawar and original accused no.3- Barkubai w/o Baban Barde were also charged for commission of an offence punishable under Section 302 of the Indian Penal Code for committing murder of Sunita wife of the appellant and also they were charged for intentionally insulting Sunita and thereby giving provocation to her intending or knowing it to be likely that such provocation would cause said Sunita to break public peace. The learned trial court acquitted both the ladies for the offences with which they were charged.

(3.) It is an admitted fact that original accused no.2 Barkubai Pawar is the first wife of the appellant. Original accused no.3 Barkubai Barde is sister of the appellant.