SHASHIKANT SHANTARAM TAVARE Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) The Appellant has challenged the Judgment and order dtd. 26/9/2017, passed by the learned Additional Sessions Judge-2, Nashik, in Sessions Case No.257 of 2016. The learned Judge, convicted the Appellant for commission of the offence punishable U/s.302 of the I.P.C . and sentenced him to suffer rigorous imprisonment for life and to pay a fine of Rs.5000.00 and in default to suffer S.I. for two months. The Appellant was also convicted for commission of the offence punishable U/s.309 of the I.P.C . and he was sentenced to suffer S.I. for one year and to pay a fine of Rs.500.00 and in default to suffer S.I. for 15 days. The substantive sentences were directed to run concurrently. He was acquitted from the charge U/s.135 of the Maharashtra Police Act . He was granted set off U/s.428 of the Cr.P.C . for the period he had spent as an undertrial prisoner from 28/6/2016.

(2.) Heard Mr. Ramesh Dube Patil, learned counsel for the Appellant and Ms. Kranti Hiwrale, learned APP for the State.

(3.) The prosecution case is that the Appellant was having a love relationship with the victim. They had even given a notice for registration of their marriage. The victim's family came to know about this notice. They persuaded her to withdraw that notice. They promised her that they would get her married with the appellant once her elder sister's marriage was performed. However, after the elder sister got married, the victim's family did not take any steps in getting the appellant and victim married. According to the prosecution case, they continued meeting each other.