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4. In order to prove the complicity of the accused/appellants in the crime in question, the prosecution has examined 17 witnesses. Statements of the accused under Section 313 Cr.P.C. were also recorded in which they denied their guilt and pleaded innocence and false implication in the case. In their defence, they examined one Bhuvan Tawade as DW-1.

5. After hearing counsel for the parties and considering the material on record, the Court below has convicted and sentenced the accused/appellants as mentioned above. Hence these appeals.

(vi) so far as injuries sustained by accused No.1 are concerned, the same was because of beating given to him by the police and this has been stated by him in his statement under Section 313 of CrPC.

(vii) that there is material discrepancy in the weight of the allegedly pledged gold ornaments and likewise, the list of gold ornaments pledged with Gold Smith (PW-7) is different from the alleged list of dowry.

(viii) lastly it has been submitted that if this Court comes to the conclusion that conviction of accused No. 2, 4 & 5 is required to be maintained, then considering their detention period they may be sentenced to the period already undergone by them by enhancing the fine amount. He submits that accused No.2 has remained in jail for one month and twelve days; accused No.4 has remained inside for one month and six days and accused No.5 has remained in jail for one month and eight days.

20. On the basis of aforesaid discussions, we are of the opinion that the trial Court was fully justified in holding accused No.1 Rakesh Shende guilty under Sections 302 & 498A of IPC. Accordingly, the appeal preferred by him i.e. CrA No.770/2012 being without any substance is liable to be dismissed.

21. As regards conviction of accused Nos.2, 4 & 5 under Section 498A of IPC, the same is also based on proper appreciation of the evidence on record and therefore, is hereby maintained. However, in the facts and circumstances of the case, in particular the fact that the incident took place more than seven years ago, considering the age of the accused persons and that they are on bail since 2012, the maximum sentence awarded to them is two years and that they have remained in jail for about one month and ten days, we are of the opinion that no useful purpose would be served in sending them back to jail at this stage and ends of justice would be served if they are sentenced to the period already undergone and are directed to pay a sum of Rs.10,000/- each to be paid as compensation under Section 357 of CrPC to parents of the deceased (PW-1 Kanhaiyalal and PW-3 Smt. Tarabai).

22. In the result:

 Cr.A.No.770/2012 preferred by accused/appellant Rakesh Shende is dismissed. He is reported to be in jail, therefore, no further order regarding his arrest/surrender etc. is required to be passed.

 Cr.A.No.769/12 preferred by accused/appellants Smt. Kesar Bai Shende, Yuvraj @ Mukesh Shende and Yograj Brahmankar is allowed in part. While maintaining their conviction under Section 498A of IPC, they are sentenced to the period already undergone by them. However, each of them are to deposit a sum of Rs.10,000/- with the concerned trial Court within a period of four months from today or else they shall have to suffer additional imprisonment for two months. The amount so deposited by these appellants, shall be given as compensation under Section 357 of CrPC to parents of the deceased i.e. PW-1 Kanhaiyalal and PW-3 Smt. Tarabai by the trial Court after due verification. These appellants are reported to be on bail, therefore, their bail bonds stand discharged.