BHAGWAN CHINTAMAN THAKRE Vs. THE STATE OF MAHARASHTRA

JUDGEMENT

(1.) Heard rival arguments on this application, in this appeal challenging the acquittal of appellant-original accused No.l. Earlier the appellant had preferred the appeal through jail as through out he was in custody since the day of his arrest i.e. from 13th December, 2010. Learned appointed counsel was engaged to represent him in the present appeal. On the earlier date the appointed counsel submitted that she has instructions to withdraw from the matter as the appellant wanted to argue himself before the Court. On this appellant was directed to be brought before the court from concerned jail. On earlier date he was brought before the Court. Today he again changed his mind and stated that the earlier appointed counsel will continue to define his case and as such the matter is taken for final hearing.

(2.) The appellant accused No.l is convicted for the offences punishable under sections 376,306,342,323,504 and 506 read with section 34 of Indian Penal Code. For the major offences punishable under sections 306 and 376 of Indian Penal Code he is sentenced to suffer RI for 7 years each. Original accused No.2 was also convicted for the same offences as those proved against accused No.l. But curiously accused No.2 was convicted and was sentenced to suffer RI for three years on the major counts of sections 306 and 376 of Indian Penal Code. Apparently it was the illegality committed by the trial Court while sentencing the accused No.2 for only 3 years imprisonment without awarding the minimum sentence, once the trial Court came to conclusion that the offence of 376 is established. However, now considering the final outcome of the present appeal for the reasons which are now hereinafter mentioned, in the considered view of this court this aspect has became redundant. Moreover, the original accused No.2 had already undergone his substantive sentenced as apparently he was also in custody since December 2010 and he had not preferred any appeal. Original accused Nos. 3 and 4 were acquitted of all the charges. State had not preferred any appeal challenging their acquittal.

(3.) The case as against the present appellant-original accused No.l is concerned, according to the prosecution he was involved in the offence of rape and as such the after math of the said incident of the rape led the victim girl to commit suicide by consuming some insecticide. As such according to the prosecution the appellant was also involved in the offence of abatement to commit suicide.