GANESH BABAN SOLANKAR Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) The challenge in this appeal is to the conviction inflicted upon the appellant (original accused no.l) Ganesh Baban Solankar for the offence punishable under Section 302 of the Indian Penal Code and sentencing him to suffer life imprisonment and to pay a fine of Rs.500/- with default condition to suffer R.I. for three months and conviction for the offence punishable under Section 324 of the Indian Penal Code and sentencing him to suffer R.I. for one year and to pay a fine of Rs.500/- with default condition to suffer R.I. for three months, by the judgment and order rendered by the learned Ad-hoc Additional Sessions Judge, Osmanabad, in Sessions Case No.71 of 2006 on 28.9.2007.

(2.) The factual matrix of the prosecution case is summarised as under :- It is the case of the prosecution that the complainant P.W.2 Popat Solankar filed the complaint before Paranda police station on 13.5.2006 at about 16.20 hours, contending that he resides at Rajput Lane, Paranda along with his wife, namely Manda and two sons, namely Rahul and Rupesh and one daughter and also stating that he has four brothers, out of them elder brother Baban died about 4 years back and his another brother, namely Shrirang was serving in Irrigation Department and his younger brother, namely Nagnath resides at Vishrantwadi, Pune and used to do labour work for his livelihood. The complainant also contends that he used to ply truck to earn livelihood for himself and his family.

(3.) The said complaint also recites that the marriage of his niece, namely Reshma i.e. daughter of his brother, namely Shrirang was fixed on 14.5.2006 at Wakadi and marriage invitation cards were also printed therefor and relatives were gathered for the said function. However, it is alleged that since the name of wife of deceased Baban, namely Yamunabai was not printed in the marriage invitation card, her two sons, namely Ganesh i.e. appellant (original accused no.l) and Pintu alias Somnath (original accused no.4) made grievance in that respect and also quarreled with the complainant and deceased Nagnath on that count. However, all the relatives pacified them and thereafter said matter was settled.