ANKUSH DHARMA CHAVAN Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Being aggrieved by judgment and order of conviction passed by learned Additional Sessions Judge, Pusad dated 30.01.2018 in Sessions Trial No.47/2015, the appellant has approached before this Court. By the impugned judgment and order of conviction, the appellant stands convicted for the offence punishable under Sections 302 and 201 of the Indian Penal Code. For his conviction under Section 302 of the IPC, the appellant is directed to suffer rigorous imprisonment for life and to pay a fine amount of Rs.1,000/- with default clause. Insofar as his conviction under Section 201 of the IPC is concerned, he is directed to suffer rigorous imprisonment for one year and to pay a fine amount of Rs.500/- with default clause. Learned Judge further ordered that both the sentences shall run concurrently.

(2.) Bhagwan Wadatkar (PW7), who was Police Station Officer of Police Station, Khandala, when was present in Police Station, Rohidas Fattu Rathod (PW1) came to police station and lodged his oral report on 12.11.2014. In view of the allegations made in the oral report, Police Station Officer registered crime against the appellant and others namely; his parents, his brother, sister in law and married sister vide Crime No.121/2014 for the offence punishable under Sections 498-A, 306, 304-B read with Section 34 of the IPC. Oral report of Rohidas is at Exh.-44 whereas printed FIR is at Exh.-45.

(3.) In his report, Rohidas states that the marriage of his niece Laxmibai (deceased) was performed with appellant about 15 years ago. The couple was having two sons. She used to reside along with her husband and her in-laws were residing separately from this couple. According to the allegations in the report, after the marriage, accused persons used to demand dowry and on account of that, there used to be torture to her resulting into calling of panchas to give a word of advice to all accused persons. It is also stated in the report that Rohidas gave Rs.2,00,000/- to the appellant for purchasing tractor. Thereafter, for some days, there was proper treatment to Laxmibai. However, after lapse of two months again she was maltreated and ill treated.