YASHODEEP BISANRAO VADODE Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Leave granted. This appeal by special leave is directed against the judgment and order dtd. 15/12/2020, passed by the High Court of Judicature of Bombay at Bombay in Criminal Appeal No.1014 of 2014, which was heard along with Criminal Appeal No.14/2015, both arising from a common judgment in two Sessions Cases emerged from a single First Information Report. The appellant was the second appellant in Criminal Appeal No.1014 of 2014 which was partly allowed under the impugned judgment whereunder, his conviction under Sec. 498-A of the Indian Penal Code, 1860 (for short, 'the IPC') was confirmed and the sentence imposed therefor was commuted to the period of imprisonment already undergone.

(2.) The second respondent, who is the father of the deceased Renuka, lodged FIR No.87/11 before Wadala T.T. Police Station on 17/4/2011 on her unnatural death occurred on 16/4/2011. Two Sessions Cases viz., 621/2011 and 853/2011 emerged therefrom. The first and sixth accused in the crime faced trial in the former Sessions Case and the appellant herein along with others faced trial in the latter Sessions Case, for the offences punishable under Ss. 498-A, 304-B, 306 and 406 read with Sec. 34, IPC. After the joint trial, all the accused were convicted for the offence punishable under Sec. 498-A read with Sec. 34, IPC, and sentenced to undergo rigorous imprisonment for 3 years each and to pay a fine of Rs.1000.00 each and in default of payment of fine to undergo rigorous imprisonment of 2 months. Since in this appeal we are only concerned with the appellant, the 3rd accused, we are not going to refer to the details of conviction of others except to the extent necessary, at the appropriate place. The appellant herein was the third accused in the said crime after subjected to trial in SC No.853/2011 and in respect of all the other offences he was acquitted. It is against the conviction and the modified sentence handed down for the aforesaid offence that he along with the co-convicts in the said Sessions Case filed Criminal Appeal No.1014 of 2014.

(3.) The case of the prosecution is as under: -