SADANAND YOHAN AVAD Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Appellants herein have taken exception to judgment and order dtd. 5/12/2003 passed by learned I st Ad-hoc Additional Sessions Judge, Aurangabad in Sessions Case No.148 of 2002, holding appellants guilty for offence punishable under Sec. 147, 304-A r/w 149, 325 r/w 149 and 323 r/w 149 of Indian Penal Code (IPC) and sentenced them for imprisonment as well as fine.

(2.) Conspectus of prosecution case in brief is that, on 16/5/2001, daughter of informant had visited her father, requesting to carry presents for her husband and her brother-in-law on account of marriage of her brother-in-law. Accused Francis father-in-law of Martina also reached there and started abusing, thereby questioning why she came there. That time, another daughter of informant namely Alpha, who was pregnant had also come there. Previously, Alpha had lodged report against her husband and in-laws for commission of offence under Sec. 498-A IPC. In all 21 accused came there and there was beating to both informant Peter as well as Alpha. They both were taken to Government hospital. On 17/5/2001, informant Peter lodged report against accused resulting into registration of crime bearing No. 51 of 2001.

(3.) On completion of investigation accused persons were charge-sheeted and tried before learned Ad-hoc Additional Sessions Judge, Aurangabad, who, on appreciating oral and documentary evidence, held charges against present appellants proved, recording guilt for above offences.