KAMLESH SATYAPRAKASH AGARWAL Vs. THE STATE OF MAHARASHTRA

JUDGEMENT

(1.) This appeal is directed against the judgment and order dated 31st August 2010 passed by the Additional Sessions Judge, Greater Bombay, in Sessions Case No.700 of 2009 convicting the appellant, who was the accused no.1 in the said case, of offences punishable under Sections 498A, 304B and 306 of the Indian Penal Code (IPC). The learned Additional Sessions Judge imposed a sentence of Rigorous Imprisonment for three years and a fine of Rs.1,000/ with respect to the offence punishable under Section 498A IPC, a sentence of Rigorous Imprisonment for seven years with respect to the offence punishable under Section 304B IPC, and a sentence of Rigorous Imprisonment for seven years and a fine of Rs.1,000/ with respect to the offence punishable under Section 306 IPC. The learned Additional Sessions Judge directed that the sentences would run concurrently. Being aggrieved by the said judgment and order of conviction and the sentence imposed upon him, the appellant has approached this court by filing the present appeal.

(2.) The appellant's father - Satyaprakash Girdharilal Agarwal, mother - Nilima Girdharilal Agarwal and brother - Yogesh Satyaprakash Agarwal were also accused in the said case as accused nos.2, 3 and 4 respectively. The learned Additional Sessions Judge, however, found them not guilty and acquitted them. The appellant and the other accused were also charged of having committed the offences punishable under Sections 323, 504, 506 of IPC read with Section 34 thereof, but all of them, including the appellant, were acquitted of the said offences.

(3.) The prosecution case, as put forth before the trial court, be stated thus :