STATE OF MAHARASHTRA Vs. DILIP PREMNARAYAN TIWARI

JUDGEMENT

(1.) The above confirmation case has been filed by the State of Maharashtra seeking confirmation of death penalty imposed upon the original Accused Nos.1 to 3 by the Additional Sessions Judge, Palghar, by his judgment and order dated 8th September, 2006 for the offence punishable under Section 302 read with Sectin 34 of the Indian Penal Code. Over and above, the accused have also been convicted for 10 years Rigorous Imprisonment and a fine of Rs.5000/- each for the offence punishable under Section 307 r/w 34 of the Indian Penal Code. In addition the accused have been convicted for 3 years Rigorous Imprisonment and a fine of Rs.1000/- each for the offence punishable under Section 452 r/w 34 of the Indian Penal Code.

(2.) Original Accused Nos.1 & 3 have challenged the above judgment and sentence by their Appeal Nos.1086/2006, and the original Accused No.2 has separately filed an Appeal No.156/2007 challenging the same.

(3.) The brief facts are that one Prabhu and Sushma fell in love and got married and therefter they were staying with the parents of Prabhu. Prabhu belonged to a very low caste "Ezhava" from the State of Kerala whereas Sushma belonged to an upper caste of "Brahmin" from the State of Uttar Pradesh. Both the families of Prabhu and Sushma were staying at Khatrinagar, Khairpada, Waliv, Dist.Palghar. It appears that the family of Sushma were very much opposed to the said marriage and that there were a number of threats from the family of Sushma. The marriage between Sushma and Prabhu had taken place on 29th October, 2003 before the Registrar of Marriages, Bandra, Mumbai. Original Accused No.1 - Dilip Tiwari is the brother of Sushma and the original Accused Nos.2 & 3, viz.Sunil Yadav & Manoj Paswan are the friends of original Accused No.1-Dilip Tiwari.