LAWS(BOM)-2007-12-9

PRAVIN MAHADEO GADEKAR Vs. STATE OF MAHARASHTRA

Decided On December 07, 2007
PRAVIN MAHADEO GADEKAR Appellant
V/S
STATE OF MAHARASHTRA Respondents

JUDGEMENT

(1.) Heard Shri Sirpurkar, learned Counsel for the appellants, and Mrs. Wandile, learned Additional Public Prosecutor for the respondent.

(2.) The criminal appeals are directed against the common judgment and order dated 4-8-2001 passed by the 2nd Additional Sessions Judge, Akola in sessions Trial No. 113/1996 whereby appellant Pradip Mahadeo Gadekar was convicted for the offence punishable under section 498-A of Indian Penal Code and sentenced to suffer rigorous imprisonment for two years and was also directed to pay fine of rupees five hundred and in default of payment of fine, to suffer rigorous imprisonment for six months. Appellant Pradip Mahadeo Gadekar was also convicted for the offence punishable under section 302 of Indian Penal code and sentenced to undergo imprisonment for life and was also directed to pay fine of rupees one thousand and in default of payment of fine, to suffer rigorous imprisonment for two years. The substantive sentences were directed to run concurrently. Appellant Pravin Mahadeo Gadekar was convicted for the offence punishable under section 354 of Indian Penal Code and sentenced to undergo rigorous imprisonment for one year and was also directed to pay fine of rupees five hundred and in default of payment of fine, to suffer rigorous imprisonment for three months.

(3.) The prosecution case, in nutshell, is as follows : deceased Sadhana was daughter of PW 5 Narmada and was married to appellant Pradip about 4-5 years prior to the date of incident, i. e. 6-11-1995. This was the second marriage of Pradip since his first wife had expired. After the marriage, deceased Sadhana was residing with her husband Pradip as well as appellant Pravin and Parwatabai. After the marriage, deceased Sadhana was subjected to cruelty by her husband and in-laws and as a result thereof, she was constrained to leave her matrimonial home and went to her parents' home. A report was lodged by deceased Sadhana against her husband Pradip, brother-in-law Pravin and mother-in-law Parwatabai. On the basis thereof, all these persons were prosecuted. Pending prosecution, the parties settled their dispute and deceased Sadhana started cohabiting with her husband Pradip.