ATUL ATMARAM SAWALE Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Out of eight accused persons, who were tried before the learned Additional Sessions Judge, Buldhana, four were convicted by him for offences punishable under Sections 498-A and 306 read with Section 34 of the Penal Code and sentenced to suffer varying terms of imprisonment and fines. By preferring Criminal Appeal No. 215 of 1994, these convicts have challenged their conviction and sentences. The State has preferred Criminal Appeal No. 314 of 1994, taking exception to the lenient sentences awarded by the learned Additional Sessions Judge. This judgment disposes of both these appeals.

(2.) Facts, which led to prosecution of the convicts, are as under :

(3.) In its attempt to bring home the guilt of the accused, the prosecution examined in all ten witnesses. Upon consideration of the prosecution evidence in the light of defence raised, the learned Additional Sessions Judge came to convict and sentence original accused No. 1 to 4 of offences punishable under Sections 498-A and 306 read with Section 34 of Penal Code, as stated above. He, however, acquitted accused No. 5 to 8 of the offences charged. He also acquitted accused no.1 to 4 of offences punishable under Section 304-B read with Section 34 of Penal Code. As already observed, aggrieved thereby, the convicts as well as the State have preferred these two appeals.