HARISH Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) HEARD rival arguments on this appeal preferred by the appellant, original accused No. 1 challenging the judgment and order of conviction passed by Ad Hoc District Judge -3 and Additional Sessions Judge, Nagpur dated 12/03/2009 in Sessions Case No. 328 of 2007.

(2.) BY the impugned judgment and order, the present appellant/accused No. 1 was convicted for the offence punishable under Section 306 of Indian Penal Code and was sentenced to suffer R.I. for four years and to pay fine of Rs. 500/ -, in default to suffer S.I. for fifteen days. He was also convicted for the offence punishable under Section 498 -A of Indian Penal Code and was sentenced to suffer R.I. for one year and to pay fine of Rs. 1,000/ -, in default to suffer S.I. for one month. Both the substantive sentences were directed to run concurrently. Original accused No. 2, mother of the present appellant was acquitted under the same impugned judgment and order. However, respondent -State of Maharashtra had not preferred any appeal challenging the said acquittal.

(3.) ACCORDING to the case of prosecution, the sister of the victim lodged the complaint on the next date of the incident alleging that the husband of the victim and his mother had ill -treated the victim on various counts and also abetted the commission of suicide. Said complaint was registered as first information report and investigation was started. After completion of investigation and recording the statements of various witnesses including the neighbour of the first informant and also the neighbours of the appellant, charge -sheet was filed and present appellant and his mother were charged for the offences punishable under Sections 306 and 498A read with Section 34 of Indian Penal Code.