NAMDEO DIGAMBER BITODE Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) THE appellant has preferred this criminal appeal against the judgment and order dated 13/12/2012 passed by the learned Additional Sessions Judge, Washim in Sessions Trial No. 35/2010 thereby convicting appellant/accused no.1 Namdeo for the offence punishable under Section 302 of Indian Penal Code and sentencing him to undergo rigorous imprisonment for life and to pay fine of Rs. 3000/ -, in default to suffer simple imprisonment for six months. He is, however, acquitted of the offence punishable under Section 498 -A of Indian Penal Code. Accused no.2 Parwatabai Digamber Bitode, accused no.3 Sau. Nita Laxman Bitode and accused no.4 Laxman Digamber Bitode are acquitted of the offences punishable under Sections 302 and 498 -A read with Section 34 of Indian Penal Code.

(2.) THE prosecution case, as unfolded during trial, is as follows :

(3.) ON completion of investigation, charge -sheet came to be filed before the Court of Judicial Magistrate, First Class, Washim. In the course of time, case came to be committed for trial before the learned Court of Sessions. Charge was framed against accused for the offences punishable under Sections 302 and 498 -A read with Section 34 of Indian Penal Code. The accused denied the same and claimed to be tried. The defence of accused was that of total denial. The learned trial Judge, on considering the evidence, acquitted accused nos. 2 to 4 on both the counts, however, while acquitting appellant for the offence punishable under Section 498 -A of Indian Penal Code, has convicted him for the offence punishable under Section 302 of Indian Penal Code. Hence, this criminal appeal.