PRATIBHA PRABHAKAR KARALKAR Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) The present Appeal is filed by the original accused nos.1, 2, 4 and 5 in Sessions Case No.3 of 2008 on the file of the learned Sessions Judge, Thane. The accused no.3 was a juvenile in conflict with law and his trial was separated. By the Judgment and Order dated 27/07/2012, the learned Sessions Judge, Thane, was pleased to convict the Appellants under various counts of the offences punishable under the IPC and the Appellants were sentenced as follows :

(2.) The Appellant Nos.1 and 2 (original accused nos.1 and 2) are husband and wife. The Appellant No.3 (original accused no.4) Kiran is the son-in-law of the Appellant Nos.1 and 2 and the Appellant No.4 (original accused no.5) was their neighbour. Original accused no.3 was the son of Appellant Nos.1 and 2. He was a juvenile in conflict with law. Hereinafter, he is referred to as the accused no.3.

(3.) The prosecution case pertains to the murder of one Saheb Prajapati who was residing at Kashigaon, New Gaonthan, Dongri, Thane with his family consisting of his wife, a daughter and two sons. On 05/04/2006 at about 6.00 p.m., there was a quarrel between Saheb Prajapati's wife and and the Appellant No.1's daughter on account of pet dog of the deceased having eaten bread kept by the Appellant No.1 on the roof of her house. Thereafter at about 9.30 p.m. when the deceased Saheb and his family were having dinner in their house, all the Appellants, with the juvenile in conflict with law accused no.3 (who is son of Appellant Nos.1 and 2), came to the house of Saheb. The accused were carrying weapons like wooden stick, logs and a knife. Saheb was dragged out of his house. There was a quarrel between the two families. According to the prosecution case, the accused no.3 assaulted Saheb with a knife on his abdomen causing the fatal injury. Saheb was removed to hospital where he was declared dead.