DEEPAK BAPURAO YEDAGE Vs. THE STATE OF MAHARASHTRA

JUDGEMENT

(1.) The appellant original accused has preferred this appeal against the judgment and order dated 30th November 2006 passed by the learned Sessions Judge, Pandharpur in S.C. No.18 of 2005. By the said judgment and order, the learned Sessions Judge convicted and sentenced the appellant under Section 302 of the Indian Penal Code for causing death of Indubai. The appellant was also convicted under Sections 324 and 452 of IPC for entering into the house of PW-7 Pradeep and PW-8 Suman and causing them injuries with Sura. For the offence punishable under Section 302 of IPC the appellant was sentenced to undergo imprisonment for life and to pay fine of Rs.1000/-, in default to undergo R.I. for 3 months. For the offence punishable under Section 324 of IPC, the appellant was sentenced to undergo R.I. For 3 months and to pay fine of Rs.500/-, in default to undergo S.I. for 3 months. For the offence punishable under Section 452 of IPC, the appellant was sentenced to undergo R.I for 6 months and to pay fine of Rs.500/-, in default to undergo S.I. for 3 months. The learned Sessions Judge directed that all sentences of imprisonment shall run concurrently.

(2.) The prosecution case can briefly be stated as under:

(3.) Charge came to be framed against the appellant under Section 302 of the Indian Penal Code for causing murder of Indubai. Charge was also framed under Section 307 for assaulting PW-5 Anjana, PW-7 Pradeep and PW-8 Suman with a knife. Charge was also framed under Section 452 of IPC as the appellant had entered into the house of the witnesses in order to commit offence. After going through the evidence adduced in this case, the learned Sessions Judge convicted and sentenced the appellant as stated in para-1 above. Hence, this appeal.