PANNALAL SADULMAL KOTHARI Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) The appellants/original accused Nos. 2,4,5 and 8 who stand convicted for an offence punishable under section 498-A read with sec. 34 of the Indian Penal Code and sentenced to R. I. for one year and to pay fine of rs. 1,000/- each, with a default condition of undergoing further R. I. for three months in the event of non payment of fine by the Additional sessions Judge, Amalner, by judgment dated 29-8-1996, in Sessions Case No. 8 of 1989 (41 of 1987) , by this appeal question the correctness of their conviction and sentence.

(2.) Such of the facts as are necessary for the decision of this appeal may briefly be stated thus :-P. W. 13 P. S. I. Patil who was attached to amalner police station as a P. S. I, received a certificate from the Chief Medical Officer. Amalner regarding death of one Manjula w/o. Mulchand, original accused No. 8. He accordingly registered an accidental death vide a. D. No. 29 of 1986. Thereafter one A. S. I. Sapkale drew the inquest panchnama at Exh. 31. On 16-7-1986 P. W. 13 P. S. I. Patil took over the investigation of this case and drew the scene of the offence panchnama at Exh. 32. He recorded the statements of witnesses and thereafter lodged his complaint at Exh. 134, On the strength of the aforesaid complaint at Exh. 134 an offence vide crime No. 102 of 1986 was registered. Thereafter statements of other witnesses came to be recorded and on 21-7-1986 he arrested some of the accused. The investigation was thereafter handed over to T. J. Patil, P. I. , Local Crime Branch, jalgaon. Upon completion of the investigation a charge-sheet against the present appellants and other accused came to be submitted.

(3.) On committal of the case to Court of Sessions. Trial Court vide Exh. 1 framed a charge against the appellants for offence punishable under sections 302, 342, 201, 498-A read with sec. 34 of the I. P. C. The accused denied their guilt and claimed to be tried. As a consequence of this, prosecution examined 13 witnesses in order to substantiate the charge against the accused. The Trial Court principally relied upon the evidence of P. W. I Shantilal, p. W. 2 Pramila, P. W. 3 Ratanlal and P. W. 4 ratnabai and convicted and sentenced the appellants as aforestated while acquitting the appellants and the other accused for offence punishable under sections 302, 342 and 201 of the Indian Penal Code.