MADHAV TUKARAM KADAM Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) The appellants who stand convicted for offences punishable under sections 498-A and 302 of the Indian Penal Code r/w. section 34 of the Indian Penal Code and sentenced to R.I. for three years and to pay fine of Rs.500/- in default of payment of fine to undergo S.I. for one month and imprisonment for life and to pay fine of Rs. 1,000/- in default of which to undergo S.I. for two months, respectively, by the Additional Sessions Judge, Nanded by judgment dated 31.12.2007 in Sessions Case No. 168 of 2005, by this Appeal question the correctness of their conviction and sentence.

(2.) Such of the facts as are necessary for the decision of this Appeal may briefly be stated thus :-

(3.) On committal of case to the Court of Sessions, trial Court vide exhibit 8 framed a charge against the appellants for offence punishable under section 498-A r/w. 34 and 302 r/w. 34 of the Indian Penal Code. The accused denied their guilt and prosecution in support of it's case examined 8 witnesses. The entire case of the prosecution rests on the testimony of P.W.I Shobhabai mother of deceased P.W.2 Murhari father of the deceased and P.W.3 Uttam uncle. The prosecution also placed reliance on the seizure of the bottle of poison at the instance of the accused. The trial Court accepted the evidence of the prosecution and convicted and sentenced the accused as aforestated.