SUKHDEV BHIMRAO HASTAPURE Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) THE appellant/accused, in this appeal, is challenging the judgment and order passed by the Second Additional Sessions Judge, Yavatmal, in Sessions Trial No. 18/95, on 6-1-1997 whereby the Additional Sessions Judge, convicted the accused under section 302 of the Indian Penal Code and sentenced him to suffer imprisonment for life and to pay a fine of Rs. 5000/- and in default to suffer further R. I. for one year. The accused is also convicted for the offence punishable under section 498-A of the Indian Penal Code and was sentenced to suffer R. I. for 3 years and to pay a fine of Rs. 2000/- and in default to suffer further R. I. for 6 months. It was further directed that both the sentences should run concurrently.

(2.) FACTS: the case of the prosecution, in brief, is as follows : the appellant/accused married Nirmala who was the daughter of Shripat Bapurao Raut, on 1-5-1992. The marriage was performed as per the customary rites at Abaji Maharaj Devasthan, Babhulgaon and after marriage. Nirmala went with her husband and they started residing in the matrimonial house at Warkhed. After 5-6 months they shifted to village Mangsawangi.

(3.) IT is a case of the prosecution that the accused was paid dowry of Rs. 15,000/- at the time of marriage and even after marriage the accused used to demand money from the father of Nirmala and if the said amount was not paid, the accused used to severally beat and ill-treat her. It is their case that after marriage, on 2-3 occasions when Nirmala visited her maternal place at Khangaon, she had disclosed this fact to her father. She had also disclosed that the accused had threatened her that if the amount which was demanded by him was not paid by her father, she would be killed.