SEVAK RAMRAO RATHOD Vs. THE STATE OF MAHARASHTRA

JUDGEMENT

(1.) Appeal No.221/2013 is filed by appellant i.e. original accused no.1 - Sevak Ramrao Rathod, and Criminal Appeal No.209/2013 is filed by appellant nos.1 to 3, i.e. original accused nos.2 to 4. Both the Appeals are arising out of the Judgment and Order dated 20th April, 2013, passed by the Additional Sessions Judge, Hingoli in Sessions Trial No.63 of 2011, therefore, same are heard together and being disposed of by common judgment and order. An original accused no.1 - Sevak Ramrao Rathod is convicted for the offence punishable under Section 498-A of the IPC and sentenced to undergo rigorous imprisonment for three years and to pay a fine of Rs.3,000/- [Rs. Three thousands], in default of payment of fine amount to suffer rigorous imprisonment for three months. Appellant - accused No.1 is further convicted for the offence punishable under Section 302 of the IPC and sentenced to suffer life imprisonment and to pay a fine of Rs.10,000/- [Rs. Ten Thousands], in default of payment of fine amount, he is to suffer rigorous imprisonment for six months. Appellant - original accused no.1 is also convicted for the offence punishable under Section 201 of the IPC and sentenced to suffer rigorous imprisonment for five years and to pay a fine of Rs.5,000/- [Rs. Five thousands] and in default of payment of fine amount he is to suffer rigorous imprisonment for four months.

(2.) The prosecution case in nutshell is as under:

(3.) On 15th July, 2011, father of deceased Komal, namely Tukaram Gangaram Jadhav, resident of Kanjala Tanda, Taluka Loha, District Nanded, upon receiving the telephonic message from the appellant - Sevak, went to village Bhategaon at about 4.00 p.m. along with his son namely Sanjay, and witnessed dead body of Komal. Accordingly, he filed First Information Report in the Police Station on 15th July, 2011. It was stated in the said First Information Report that, he is blessed with two daughters namely Laxmibai and Komal and two sons namely Vinayak and Sanjay. The marriage of Komal was performed with the appellant - accused no.1, namely Sevak Ramrao Rathod in the year 2010. The marriage was settled and was performed, as per the rites and customs prevailing in their community / caste. The deceased Komal knew swimming. After marriage, Komal went to village Bhategaon and started cohabitation with appellant - Sevak for a period of one month, and initially, she was treated well. Later on, appellant [accused no.1], his brother-in- law Premdas [accused no.2], his sister Rekha [accused no.4], and another sister Kavita [accused no.3] started demanding Rs.50,000/-, so as to purchase auto-rickshaw.