GANGADHAR Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Both these Appeals arise out of the judgment and order dated 23rd February, 2011 passed by the learned Additional Sessions Judge, Wardha in Sessions Case No. 176/2009. As such, both these Appeal are being disposed of by this common judgment. The brief facts are that, in all seven accused including the appellants were put on trial before the learned Sessions Judge, Wardha in Sessions Case No. 176/2009 for the offences punishable under Sections 302, 201, 203, 120B and 498A read with Section 34 of the Indian Penal Code.

(2.) The prosecution case, in brief, is that, in the year 1997, now deceased Archana was married with accused-Gangandhar Ninave R/o. Seloo. They were blessed with a son and a daughter out of the wedlock. In the year 2005 Gangadhar Ninave developed acquaintance and intimacy with accused Chandrakala Mahure R/o. Ghorad, who was said to have a deity in her house, on account of which Gangadhar used to stay in her house intermittently. The accused Chandrakala, Gangadhar and his mother Suman had a suspicion that deceased Archana was practicing black-magic and on account of that Archana was kept away from her children at Butibori. It appears that on 28th July 2005 deceased-Archana lodged a report with Police Station, Seloo on the basis of which an offence was registered against Gangadhar and his mother Suman. Subsequently, now deceased Archana had decided to reside with her parents at Shirsi. It also appears that Archana had filed maintenance proceedings at Umred and she was granted maintenance against Gangadhar.

(3.) At the trial, the prosecution examined in all eleven witnesses and produced and proved the material documents. The accused neither entered the witness box nor examined any defence witnesses.