SHIVAJI NIVRUTHI CHAVAN Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) THE appellants aggrieved by the Judgment and Order dated 8-3-1990, passed by the Additional Sessions Judge, Sangli in Sessions Case No. 131 of 1988, convicting and sentencing them to undergo one years RI and to pay a fine of Rs.300/- each, in default to suffer RI for 6 months, for an offence under section 323 r/w IPC, have come up in appeal before me:

(2.) IN short, the prosecution case is that the appellants are the husband, mother-in-law and cousin brother respectively of the deceased Rukmini. Sometimes towards the end of November, 1987, Rukmini was married to the appellant Shivaji. Thereafter, she started living with Shivaji at Chopadi in Taluka Sangola District Sangli. At the time of panchmi, Rukmini came to the house of the informant, her mother Akubai (Akkatai) PW 2 and told her that the appellant/Hirabai and Dilip were ill-treating her and assaulting her with sickle whips etc. It appears from the evidence of Akubai that Rukmini stayed for sometime with her and at the time of Dasera, the appellant Shivaji and his father came Shivaji started staying with Rukmini. After sometime, the appellant Shivaji took Rukmini to Chopadi inspite of Akubai's protest.

(3.) AFTER the usual investigation, the appellants were charge sheeted, and in due course, tried for offences punishable under section 302 r/w 34 IPC, 304 (B) r/w 34 IPC and 498A r/w 34 IPC. The trial Court found the appellants guilty of the offence under section 323 r/w 34 IPC only sentenced them in the manner stated above. The trial Court however, acquitted them for offences under sections 302, 304B and 498A IPC all read with 34 IPC. Hence, this appeal.