LIMBAJI AND ORS. Vs. THE STATE OF MAHARASHTRA

JUDGEMENT

(1.) THIS is an appeal preferred by original Accused Nos. 1 to 3 against the judgment and order dated 16th August, 2012, passed by the Additional Sessions Judge, Hingoli, in Sessions Case No. 55 of 2008. By the said judgment and order, learned Additional Sessions Judge, convicted Appellants under Sections 498 -A, 302 read with 34 of the Indian Penal Code. For the offence punishable under Section 498 -A, the Trial Court sentenced each of the Appellants to rigorous imprisonment for two years and a fine of Rs. 1,000/ -, in default, to suffer rigorous imprisonment for two months. For the offence punishable under Section 302 read with Section 34 of the Indian Penal Code, each of the Appellants was sentenced to imprisonment for life and fine of Rs. 1,000/ -, in default, to suffer rigorous imprisonment for two months. Both the sentences were directed to run concurrently.

(2.) FOR the sake of convenience, we shall refer the Appellants in their original status as accused as they were referred during trial. The prosecution case in brief, is as under:

(3.) CHARGE came to be framed against Accused -Appellants at Exhibit 6. Appellants pleaded not guilty to the charge and claimed to be tried. The factum of relationship is not in dispute. Regarding alleged commission of offence, defence of accused was of total denial and false implication.