RAJENDRA KAWADUJI SAWARE Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Oral Judgment Appellant (hereinafter referred to as 'accused') assailed the judgment of conviction passed by 2 nd Ad-hoc Additional Sessions Judge, Wardha in Sessions Trial No. 137/2005 by which he is convicted for the offences punishable under Sections 498-A, 307 and 328 of the Indian Penal Code. He is sentenced to undergo rigorous imprisonment for five years and to pay fine of Rs. 500/- in default he shall undergo rigorous imprisonment for one month for offence punishable under Section 307 of the Indian Penal Code. He is also convicted for the offence punishable under Section 498-A of the Indian Penal Code and sentenced to undergo rigorous imprisonment for three years and to pay fine of Rs. 300/- in default he shall undergo rigorous imprisonment for 15 days.

(2.) The case of the prosecution in short against the accused is as under :-

(3.) Heard learned Counsel Shri Mohod for the appellant/ accused. He has pointed out that material evidence is suppressed by the prosecution. Prosecution has not examined any Medical Officer from the Government Hospital to prove administration of poison in her mouth and there was symptoms of poison in her body. Chemical Analyser report is not reliable. Chemical Analyser report only shows that clothes etc. were stained with poison. That can be poured on the clothes. Learned counsel Shri Mohod has submitted that prosecution has failed to prove the offences punishable under Section 307 and 498-A of the Indian Penal Code, hence, accused is entitled for acquittal.