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2003 Supreme(SC) 1190

N.S.HEGDE, B.P.SINGH
Kamalakar Nandram Bhavsar – Appellant
Versus
State Of Maharashtra – Respondent


ORDER

Santosh Hegde, J.-The appellants before us were charged for offences punishable under Sections 306 and 498A read with Section 34 of the Indian Penal Code. The trial court relying on an alleged dying declaration said to have been made by the deceased acquitted the appellants of all charges. In appeal the High Court of Judicature at Bombay by the impugned judgment has set aside the said judgment of acquittal and convicted the appellants for offences punishable under Section 306 IPC and directed them to undergo rigorous imprisonment for 10 years and to pay a fine of Rs. 5,000/- each in default of fine to undergo further rigorous imprisonment for a period of one year. It also convicted the appellants for the offence punishable under Section 498A of IPC and sentenced them to undergo rigorous imprisonment for three years and to pay a fine of Rs. 5,000/- each in default to payment to undergo rigorous imprisonment for six months. It further directed the substantive sentences to run concurrently.

2. Prosecution case briefly stated is as follows:

Deceased Mina was married to first appellant on 27.4.1982. According to the prosecution, right from the day of marriage deceased was ill treate

















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