LAWS(BOM)-2017-3-84

MASSODALI SADAIKALI AND ANOTHER Vs. STATE OF MAHARASHTRA

Decided On March 27, 2017
Massodali Sadaikali And Another Appellant
V/S
STATE OF MAHARASHTRA Respondents

JUDGEMENT

(1.) The appellant Masoodali is the son of appellant Sadikali. They are convicted by the Additional Sessions Judge, Akot on 21.01.2015 in Sessions Trial No.18/2012. By the said judgment, they are convicted for the offence punishable under Sec. 498A and were directed to suffer rigorous imprisonment for three years and to pay a fine of Rs.2,000/by each of them and in default to undergo further rigorous imprisonment for three months. They were also convicted for the offence punishable under Sec. 302 of the Indian penal Code and were directed to suffer imprisonment for life and to pay a fine of Rs.3,000/by each of them and in default to undergo further rigorous imprisonment for six months.

(2.) The prosecution case, as it was disclosed during the course of the trial, is as under:

(3.) While taking the treatment at Shriram Hospital on 27.04.2012, Rizwana expired. The death summary is at Exh.118. Thereafter, a Murg was registered at Police Station Civil Lines, Akola vide AD No.0/12 and it was then intimated to the Police Station, Akot. Therefore the offence was converted into an offence punishable under Sec. 302, 498A read with 34 of the IPC. Initially, the investigation was carried out by Vijay Kapde (PW5). He prepared the spot panchanama, Exh.112.