RAHIBAI Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Both appellants/convicts are hereby taking exception to the judgment and order of conviction dtd. 23/12/2002 passed by IInd Additional Sessions Judge, Jalna in Sessions Case No. 34 of 1998, by which they are held guilty for commission of offence under Sec. 304 Part II read with Sec. 34 of Indian Penal Code (IPC) and sentenced to suffer rigorous imprisonment for 7 years to each of them and to pay fine.

(2.) In nutshell, challan was filed against one Baburao and present appellants, alleging that, on 18/4/1997 at about 11:00 a.m., they approached deceased and questioned her (for naming appellant Rahibai for maintaining illicit relations with accused no.1.) Accused no. l Baburao instigated both present appellants to beat deceased Indubai, upon which they both showered kicks and fist blows on her abdominal part. At relevant time, deceased Indubai was pregnant. She suffered pain and while she was taken to the hospital, on the way she breathed her last, and therefore, PW8 Devidas set law into motion vide report Exh.63.

(3.) Initially AD was registered, but on further inquiry, crime was registered for offence punishable under Sec. 302 of IPC and all three accused were duly charge-sheeted and tried by learned Additional Sessions Judge, who, on appreciation of evidence reached to a finding that, prosecution has failed to establish the occurrence to be homicide and rather held only present appellants (original Accused Nos.2 and 3) guilty that, too for charge under Sec. 304 Part II of IPC and sentenced them as spelt out in the operative part. Precisely the same is questioned before us by way of instant appeal.