SANDESH DAGDU MORE Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Both the present Criminal Appeals are being disposed of by this common oral judgment as the same judgment and order passed by the Additional Sessions Judge, Thane dated 26th August, 2003 is impugned in both the said Appeals. The said impugned judgment and order was passed in Sessions Case No. 362 of 2001 in which originally three accused were tried. Accused No. 1 was the husband of the deceased, accused No. 2 is the mother of accused No. 1 and accused No. 3 is the brother of accused No. 1.

(2.) Criminal Appeal No. 1264 of 2003 was filed by all the three accused challenging the judgment and order of conviction, whereas Criminal Appeal No. 1294 of 2003 was also again preferred by accused No. 1 specifically challenging the said judgment and order of his conviction for the offence punishable under Section 302 of Indian Penal Code.

(3.) By the impugned judgment and order, only accused No. 1 was convicted for the offence punishable under Section 302 of I.P.C. and was sentenced to suffer imprisonment for life. However, fine was not imposed. Section 302 of IPC specifically mentions that the convicted accused shall also be liable to fine. By the said judgment and order, all the three accused were convicted for the offence punishable under Section 498A of IPC. For the said offence, accused No. 1 was sentenced to suffer R.I. for three years and to pay fine of Rs. 5000/in default R.I. for three months. For the offence punishable under Section 498A of IPC, accused Nos. 2 & 3 were sentenced to suffer R.I. for two years each and to pay fine of Rs. 5000/each in default to suffer further R.I. for three months each. Substantive sentences imposed on accused No. 1 were directed to run concurrently. Setoff was given to all the accused for the period they were in custody during the trial.