CHANDRAKANT GUJABA RAUT Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) This appeal and application are being decided together. The appeal arises out of Judgment of conviction and sentence rendered by learned Ist Ad-hoc Additional Sessions Judge, Aurangabad, in Sessions Case No.441 of 2002. By the impugned Judgment, both the appellants have been convicted for offence punishable under Section 307 read with 34 of the I.P.C. They are sentenced to suffer rigorous imprisonment for 4 (four) years each and to pay fine of Rs.500/- (Rs.Five hundred) each in default, to suffer rigorous imprisonment for one month.

(2.) The incident giving rise to the prosecution occurred on July 1st, 2002. The victim is the wife of appellant No.1. Appellant No.2 is the mother of appellant No.1. The victim alleged that she was being harassed and ill-treated by the appellants. She lodged report after the incident alleging that the appellants forcibly administered some poisonous substance to her on the day of incident in the residential house. She was rushed to Government Hospital at Aurangabad for treatment. Thereafter, she took further treatment in Dr.Hedgewar Hospital, Aurangabad. She was discharged on September 12th, 2002. The Police carried out certain investigation into the accusations made in the complaint. A white colour plastic bottle was seized from the house of the appellant. At bottom of the bottle, some poisonous substance was found.

(3.) Though, initially both the appellants were charged for offences punishable under Sections 498-A read with 34 of the I.P.C. and 307 read with 34 of the I.P.C., yet on basis of material placed before him, the learned Sessions Judge came to the conclusion that the charge of matrimonial cruelty was not proved against either appellant. Both the appellants were, therefore, acquitted of the offence punishable under Section 498-A read with 34 of the I.P.C.