LAWS(BOM)-2004-8-78

SAYAJI HANMAT BANKAR Vs. STATE OF MAHARASHTRA

Decided On August 11, 2004
SAYAJI HANMANT BANKAR Appellant
V/S
STATE OF MAHARASHTRA Respondents

JUDGEMENT

(1.) THIS Appeal by the Appellant (Original accused No. 1) seeks to challenge the judgment and order dated 6th March 2000 passed by the 3rd additional Sessions Judge, Satara, in Sessions Case no. 162 of 1998 convicting the Appellant under section 302, Indian Penal Code and sentencing him to suffer imprisonment for life and to pay a fine of Rs. 2,000. 00, in default further RI for one year. The facts leading to this Appeal are as folloms:-

(2.) THE Appellant (original Accused No. 1)was married to one Suman, daughter of Shakuntala tukaram Yadav (a widow) sometimes in June 1988. The bride's side is stated to have given a dowry of rs. 7,000/- and shouldered the entire marriage expenses. The mother of Suman hailed from village aundh in Taluka Khatav of District Satara, whereas the Appellant resided at village Pimpari in Taluka koregaon of the same District. The village Pimpari is at a distance of about half an hour by Bus from aundh. For a few years after the marriage the relations between the Appellant and his wife were smooth. The couple gave birth to two sons Sachin and Krishna. However, subsequently the Appellant and his mother Droupada Hanmant Bankar (Accused no. 2) started ill-treating Suman and this ill-treatment increased particularly during one year prior to the date of the incident.

(3.) ACCUSED No. 1 was addicted to liquor. He used to work as a Tractor driver. He and his mother started ill-treating Suman on the ground that she should bring a sum of Rs. 5,000. 00 from her parents. He used to beat her and harass on that count. The Appellant and his mother both used to tell Suman that the Appellant wanted to enter into a second marriage with one Nanda Khilares daughter of his maternal uncle and that she should permit the same.