ROHIT MURLIDHAR TRIVEDI Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) The appellant-original accused has challenged the judgment and order dated 30/31.1.2006 passed by the learned Additional Sessions Judge, Greater Bombay in Sessions Case No. 394 of 2003. By the said judgment and order, the learned Sessions Judge convicted the appellant for the offence under Section 452 and he was sentenced to RI for three years and to pay a fine of Rs.10,000/- in default RI for ten months. The appellant was also convicted for the offence under Section 304-II of IPC for commission of culpable homicidal death of Hansabai and he was sentenced to undergo RI for five years and fine of Rs.20,000/- in default RI for 20 months. The appellant was also convicted for the offence under Section 304-II of IPC for commission of culpable homicidal death of Pushpa and he was sentenced to undergo RI for five years and fine of Rs.20,000/- in default RI for 20 months.

(2.) The prosecution case briefly stated is as under:

(3.) Charge came to be framed against the appellant for the offence under Sections 452 and 302 of IPC for causing death of Hansabai and Pushpa. The appellant pleaded not guilty to the said charge and claimed to be tried. The defence of the appellant is that he was in love with Pushpa. At the time of incident, he was sitting in the house of Pushpa. There was blast of stove. Pushpa and her mother Hansabai sustained burn injuries. The appellant also sustained burn injuries. They all were taken to the hospital. After going through the evidence adduced by the prosecution, the learned Sessions Judge convicted and sentenced the appellant as stated in paragraph 1 above. Hence, this appeal.