NEHARU WARD WARTHI Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) HEARD Mr. R. M. Daga, Adv. for appellant and S. J. Jichkar, Additional Public Prosecutor for Respondent/state.

(2.) THIS appeal is directed against the judgment and order dated 30. 1. 2004 passed by the 1st Ad-hoc Additional Sessions Judge, Bhandara in Sessions Trial No. 6 of 1999 whereby the appellant is convicted for the offence punishable u/s. 376 of the Indian Penal Code and is sentenced to suffer rigorous imprisonment for seven years and to pay a fine of Rs4,000/- in default to suffer rigorous imprisonment for one year. The appellant is also convicted for the offence punishable u/s. 302 of the Indian Penal Code and is sentenced to suffer imprisonment for life and was also directed to pay a fine of Rs. 3,000/- in default to suffer rigorous imprisonment for one year.

(3.) PROSECUTION case, in nutshell, is as follows : the younger brother of appellant Pratipal Deshbhratar was residing at Warthi along with his wife deceased Maya, son Praful aged nine years and daughter Bhagrashree aged four years. Pratipal had criminal Appeal No. 125/2004 sustained fracture of leg and at the time of incident, was unable to walk properly. The appellant was residing with his wife Sheela in the adjoining house along with two sons namely Rajan and Sagar. Pratipal was doing business of liquor. Appellant was also engaged in the business of sale of liquor.