SHARAD Vs. THE STATE OF MAHARASHTRA

JUDGEMENT

(1.) THE criminal appeal takes exception to the judgment and order dated 15/1/2013 passed by the Additional Sessions Judge, Pusad in Sessions Trial No. 12/2010, thereby convicting accused no. 1/appellant Sharad Devidas Dandge for the offence punishable under Section 302 of Indian Penal Code and sentencing him to undergo life imprisonment and to pay fine of Rs. 5000/ -, in default to suffer further imprisonment for one month. Accused no. 1/appellant is acquitted of the offences punishable under Sections 498 -A and 201 read with Section 34 of Indian Penal Code. Accused no. 2 Laxmibai Devidas Dandge is acquitted on all the counts while case of accused no. 3 was referred to Juvenile Justice Board being juvenile in conflict with law.

(2.) THE prosecution case can briefly be stated as follows :

(3.) CHARGE was framed against accused for the offences punishable under Sections 302, 498 -A and 201 read with Section 34 of Indian Penal Code, to which they pleaded not guilty and claimed to be tried. Their defence was of total denial. Accused no. 3 having been found to be in conflict with law, her case was forwarded to the Juvenile Justice Board.