B.P.DHARMADHIKARI, SWAPNA S.JOSHI
State of Maharashtra – Appellant
Versus
Eknath Kisan Kumbharkar – Respondent
JUDGMENT
Swapna S. Joshi, J.—This appeal takes an exception to the Judgment and Order dated 19th June 2017 delivered by the Additional Sessions Judge, Nashik in Sessions Case No.364 of 2013 whereby the learned Additional Sessions Judge convicted the accused-respondent (hereinafter referred to as “accused” for the sake of brevity) under sections 302, 316 and 364 of the Indian Penal Code and accused was sentenced to suffer death for the offence punishable under Section 302 of the Indian Penal Code and directed to hang by neck till his death. He was also sentenced to suffer 10 years rigorous imprisonment and to pay a fine of Rs.5000/for the offence punishable under Section 316 of the Indian Penal Code, in default he was sentenced to suffer six months simple imprisonment. The accused was further sentenced to suffer life imprisonment for the offence punishable under Section 364 of the Indian Penal Code.
2. The prosecution case in nutshell can be summarized as under:
Deceased Pramila was the daughter of accused and PW1 Smt. Aruna Kumbharkar. In the year 2013, Pramila performed love marriage with one Deepak Kamble resident of Kamgar Nagar. The said marriage was inter caste marriage. A
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