VIVEK MARUTI NALE Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) The appellant in Appeal No. 270 of 2012 Vivek happened to be husband of deceased Smita. Two appellants in Appeal No. 271 of 2012 are his parents. Appellant no.1 in Appeal No. 271 of 2012 filed by the parents is no more. Accordingly by separate order passed on 19/7/2019 we have treated the appeal at his instance abated. So Appeal No. 271 of 2012 survives only at the instance of mother of Vivek and mother in law of deceased Smita.

(2.) The Ad Hoc Additional Sessions Judge, Malshiras has by judgment and order dated 25/1/2012 in S.C. No.54 of 2010 convicted the husband for the offence punishable under section 498A read with section 34 IPC as also under sections 3 and 4 of Dowry Prohibition Act. He is also convicted under section 302 IPC and sentenced to suffer life imprisonment for murder of deceased Smita. He has been punished with rigorous imprisonment of 5 years and with a fine of Rs. 15,000/- for offence under section 3 of the Dowry Prohibition Act for R.I. for 1 month and to pay fine of Rs. 1,000/- under section 4 of the Dowry Prohibition Act.

(3.) Accused nos.2 and 3 (parents of accused no. 1) are acquitted of the offence punishable under section 302 read with 34 IPC, however, they are convicted for the offence under section 498A read with 34 IPC, for offence under section 304-B read with 34 IPC and under section 3 and 4 of Dowry Prohibition Act.