RAHUL BABANRAO BHAD Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) This appeal challenges the judgment of learned Sessions Judge, Amravati in Sessions Case No.33/2018 thereby convicting appellant/accused under Sec. 302 of the Indian Penal Code and sentencing him to suffer life imprisonment and to pay fine of Rs.5000.00.

(2.) Prosecution case in short is that, Pratiksha was elder daughter of informant ' Murlidhar Eknath Mehatre. Accused was residing in Mudliyar Nagar at the house of his maternal uncle since childhood, which was at a distance of 5 to 6 houses from informant's house. Friendly relations between Pratiksha and accused since childhood, were converted into love affair. As Pratiksha wanted to marry accused, informant called accused and his relatives at home for marriage talks, but, horoscopes of Pratiksha and accused did not match, hence, the informant declined to perform marriage of Pratiksha with accused. Accused used to make phone calls and insisted that Pratiksha should marry him. After some days Pratiksha received a notice from the Family Court along with a marriage certificate showing solemnization of marriage between Pratiksha and accused. On enquiry by informant, Pratiksha denied performance of marriage with the accused. She also stated that she has not signed any certificate. Informant alleged that accused used to insist for performing marriage, therefore, he and Pratiksha lodged various reports at Frezarpura Police Station, Rajapeth Police Station and Gadge Nagar Police Station. On 23/11/2017, when he was working in the shop, he received a phone call from his neighbour Shewta Baiskar informing him that accused killed Pratiksha by stabbing her with knife. He was asked to come at Irvin Hospital, Amravati, therefore, he went to Irvin Hospital. His daughter was brought there in injured condition by Shewta Baiskar and Rajendra Yete. On enquiry with Shewta about the incident, she informed that accused has stabbed Pratiksha. Pratiksha was declared dead, therefore he lodged report against the accused making above allegations.

(3.) On the basis of the report lodged by informant, Crime No.828/2017 was registered, and on completion of investigation, charge-sheet was filed. Accused was charged under Sec. 302 of the Indian Penal Code. In support of its case, prosecution has examined 6 witnesses, and defence has examined one witness.