NAMDEO Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) The present appeal is filed challenging the judgment and order dated 23/08/2011 passed by the Additional Sessions Judge, Udgir in Sessions Case No. 54 of 2008. Originally there were three accused, however, accused Nos. 2 and 3 namely Mariba Laxman Waghmare and Kondabai Mariba Waghmare respectively, came to be acquitted from all charges levelled against them. However, appellant herein., i.e. original accused No.1 Namdeo s/o Mariba Waghmare, is convicted under Section 235(2) of the Code of Criminal Procedure for the offence punishable under Section 498A of Indian Penal Code and sentenced to suffer Simple Imprisonment for 2 years and to pay fine of Rs. 5,000/. In default of payment of fine, to undergo simple imprisonment for 6 months. Accused No.1 Namdeo is also convicted for the offence punishable under Section 302 of Indian Penal Code, and sentenced to suffer Rigorous Imprisonment for life and to pay fine of Rs. 5,000/. In default of payment of fine, to undergo further rigorous imprisonment for one year. The Sessions Court ordered that, both the sentences shall run concurrently. Set off as per Section 428 of the Code of Criminal Procedure was given to accused No.1 Namdeo since he was in M.C.R. from 13/03/2008. Bail bonds of original accused No. 2 Mariba and accused No. 3 Kondabai came to be cancelled.

(2.) The prosecution case, in nutshell, is as under :

(3.) On the basis of report of the P.W.1 i.e., complainant, Police Station Officer of Jalkot Police Station registered a case bearing Crime No. 18/2008 for the offence punishable under Sections 302, 498A read with Section 34 of the Indian Penal Code against the accused and handed over investigation to Police Inspector Ramkrishna Lobhaji Bhadre. The Investigating Officer visited the scene of offence and prepared panchnama at Exhibit58 in presence of panch witnesses. He seized kerosene tin, some pieces of Saree from the spot and recorded the statement of the witnesses. Then he arrested the accused. On 14/03/2008 he recorded the statement of seven witnesses. Thereafter, he sent seized articles to Chemical Analyser, Aurangabad and received C.A. reports. On completion of investigation, he filed charge sheet in the court of Judicial Magistrate, First Class, Udgir against the accused Nos. 1 to 3.