MAHESH VASANT SALUNKE Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Appellant Mahesh (accused no.1) faced the Sessions trial bearing Sessions Case No. 75 of 2011 before the learned Sessions Judge, Jalgaon, along with his parents Vasant (accused no.2) and Latabai (accused no.3), for the offence punishable under Sections 498A r/w 34 of the Indian Penal Code. Appellant Mahesh was also charged for the offence punishable under Section 302 of the Indian Penal Code. The learned Sessions Judge, Jalgaon vide judgment, dated 20.10.2011 was pleased to acquit all of them in respect of the offence punishable under Section 498A r/w 34 of the Indian Penal Code. However, the learned Sessions Judge was pleased to convict appellant Mahesh for the offence punishable under Section 302 of the Indian Penal Code and was directed to suffer imprisonment for life and to pay fine of Rs.1,000/-, in default of payment of fine, he was directed to undergo further rigorous imprisonment for six months. Appellant Mahesh-original accused no.1 is taking exception to his this conviction and sentence awarded to him by the learned Sessions Judge, Jalgaon by preferring the present appeal.

(2.) The prosecution case, as it is, unfurled during the trial, can be narrated as under :- Deceased Sharda was eldest daughter of Vijayabai Patil (PW 4). Her marriage was performed with appellant Mahesh on 20.4.2008. After marriage, Sharda started cohabiting with Mahesh along with her in-laws at village Khedgaon. Couple resided there for a period of four months. Though for initial period of 15 days of her marriage, Sharda was nicely treated by Mahesh and his parents, she started receiving taunts that her parents have failed to give substantial gifts. Taunts were followed by beating. Sharda used to disclose this illtreatment to Vijayabai (PW 4) on telephone.

(3.) After four months of residence at Khedgaon, Mahesh and Sharda started residing at Thane, wherein Mahesh was working in some school. Telephonic disclosure to Vijayabai by Sharda from Thane about her illtreatment remained to be continued. In addition to that, it was disclosed that Mahesh used to beat Sharda under the influence of liquor.