SAJJAN MAROTI PAKHARE Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) By this appeal the appellants/accused have challenged their conviction for the offences punishable under section 302 read with 34 of the Indian Penal Code and sentence of imprisonment for life imposed by the Sessions Judge, Akola in Sessions Trial No. 57 of 1992 decided on 24-8-1993.

(2.) Pw 1 Janrao s/o Amruta Wankhade, r/o Barshitakali, District-Akola was having four daughters and two sons. His daughter Chhaya was married to accused No. 1 Sajjan s/o Maroti Pakhare in the summer of 1989. After her marriage Chhaya went to cohabit with accused No. 1 Sajjan at village Shivani-Shivapur where accused No. 1 Sajjan was residing with his father, mother (accused No. 2 Kausal) and younger sister (DW 4 Sheela) who was studying in 5th Std. They were occupying the eastern room admeasuring 10 ft. x 10 ft. Out of the three rooms owned by Shri Wahurwagh Guruji situated in Gautam Nagar, shivni. The middle room was occupied by DW 1 Padma Ingle and her husband and the western room was vacant. Accused No. 1 Sajjan had a vegetable shop at a distance of 11/2 furlong from the house. He was helping his parents to run the shop.

(3.) Chhaya used to go to her parental house at Barshitakali. On the last occasion she had returned from her parental house to her matrimonial house on the previous day of the incident.