DINESH GANPAT BONDRE Vs. THE STATE OF MAHARASHTRA

JUDGEMENT

(1.) Bail application bearing No.20 of 2016 filed by the applicant/accused came to be withdrawn and while permitting withdrawal of the said application, this Court had granted liberty to mention the matter after preparation of the paper book. The matter could not be listed and ultimately fresh bail application came to be filed and during the course of hearing of fresh bail application bearing No. 1271 of 2016, the learned Advocate appearing for the appellant/accused No.1. submitted that arguments advanced by him may be considered for deciding the appeal itself. That is how the appeal is being decided after hearing both parties.

(2.) The appellant/accused No.1 along with his parents, two brothers and a sister-in-law were put up for trial for offences punishable under Sections 302, 498A, 304B of the Indian Penal Code ("the IPC" for the sake of brevity). Except the appellant/accused No.1 Dinesh Bondre, rest of accused persons came to be acquitted by the learned trial Court. The appellant/accused No.1 Dinesh came to be convicted of offence punishable under Sec. 304B and 498A of the Penal Code vide Judgment and Order dated 22/12/2015 by the learned Additional Sessions Judge, Kalyan in Sessions Case No.144 of 2009. For the offence punishable under Sec. 304B of the IPC, he is sentenced to suffer rigorous imprisonment for seven years apart from payment of fine of Rs. 3,000.00 and in default he is directed to undergo further simple imprisonment for nine months. For the offence punishable under Sec. 498A of the IPC, the appellant/accused No.1 is sentenced to suffer rigorous imprisonment for three years apart from directing to pay fine amount of Rs. 2000.00 and in default to undergo further simple imprisonment for six months. Feeling aggrieved by this conviction and sentence, the instant appeal.

(3.) Briefly stated facts leading to the prosecution of the appellant/accused No.1 are thus :