LAWS(BOM)-2009-7-26

MUNJA PANDURANG HONDE Vs. STATE OF MAHARASHTRA

Decided On July 10, 2009
MUNJA PANDURANG HONDE Appellant
V/S
STATE OF MAHARASHTRA Respondents

JUDGEMENT

(1.) Appellants, hereinafter referred to as the accused, have approached this Court raising challenge to the judgment and order of conviction and sentence recorded by Additional Sessions Judge-3, Parbhani in sessions Trial No. 97/2006, decided on 13-02-2009.

(2.) Accused Nos. 1 and 2 Munja and bhagwan are held guilty for offences punishable under Sections 498-A and 307 read with Section 34 of the Indian Penal Code and they are sentenced to suffer rigorous imprisonment for two years each and to pay fine of Rs. 2,000/- each, in default of payment of fine, to suffer rigorous imprisonment for one month for offence punishable under Section 498-A of the Indian Penal Code. Accused nos. 1 and 2 are sentenced to suffer rigorous imprisonment for seven years and to pay fine of Rs. 5,000/-, in default of payment of fine, they are directed to undergo rigorous imprisonment for three months, each, for offence punishable under Section 307 of the indian Penal Code. Accused No. 3 is sentenced to suffer rigorous imprisonment for five years and to pay fine of Rs. 2,000/-, in default of payment of fine, she is directed to undergo rigorous imprisonment for one month for offence punishable under Section 307 read with Section 34 of I. P. C. . She is also directed to suffer rigorous imprisonment for two years and to pay fine of Rs. 2,000/-, in default of payment of fine, to undergo rigorous imprisonment for one month. The trial Court has directed that substantive sentence of imprisonment shall run concurrently.

(3.) In order to bring home guilt of the accused, prosecution examined as many as eight witnesses. After recording evidence of prosecution and statements of accused under section 313 of the Code of Criminal Procedure, trial Court held the accused guilty for commission of offences, as noted above and imposed sentence against them.