PRAVIN BABANRAO YAWLE Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) In this appeal, challenge is to the judgment and order dtd. 29/11/2021, passed by the learned Additional Sessions Judge, Court No.2, Achalpur, whereby the learned Judge convicted the accused of the offences punishable under Ss. 498-A and 304-B read with Sec. 34 of the Indian Penal Code, 1860 (for short, "IPC") and sentenced them to suffer rigorous imprisonment for 3 years and to pay a fine of Rs.5,000.00 each and in default to suffer rigorous imprisonment for one month for the offence punishable under Sec. 498-A read with Sec. 34 of the IPC and rigorous imprisonment for 10 years and to pay a fine of Rs.10,000.00 each and in default to suffer rigorous imprisonment for three months for the offence punishable under Sec. 304-B read with Sec. 34 of the IPC.

(2.) BACKGROUND FACTS:

(3.) On 1/8/2013 at about 10:00 a.m., the brother of the informant received a phone call from one Iqbal. Iqbal had made a phone call from a Government Hospital. He informed him that a dead girl from their family, with burn injuries, was brought to the hospital. The brother of the informant, the informant, and other family members went to the Rural Sub District Hospital, Achalpur, at about 11:30 a.m. They saw the dead body of Pooja. She had sustained burn injuries. The accused persons were not present in the hospital. The informant, therefore, went to the police station and lodged the report. On the basis of the report, a Crime bearing No.194/2013 was registered against the accused. The investigation in the crime was carried out by PW-8. He arrested the accused. He drew the spot panchanama. He collected the samples. He obtained the postmortem report. On completion of the investigation, he filed the charge-sheet against four accused persons.