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2006 Supreme(SC) 443

P.P.NAOLEKAR, S.B.SINHA
Sahebrao and Anr – Appellant
Versus
State Of Maharashtra – Respondent


JUDGMENT

P.P. Naolekar, J.—The accused appellants Sahebrao (A-1) and Bhausaheb (A-2) were tried along with their mother Shanti Bai (A-3) for committing offences under Sections 304-B and 498-A of the Indian Penal Code (IPC). The judgment dated 06.06.1992 by the Additional Sessions Judge, Aurangabad found A-1 and A-2 guilty under Section 306 and 498-A, IPC and sentenced them to undergo rigorous imprisonment for three years and fine of Rs. 500/- each, in default, rigorous imprisonment for three months under Section 306 IPC. No separate sentence was passed under Section 498-A, IPC. A-3 was acquitted. Being aggrieved by the judgment of the trial Court, the accused appellants filed an appeal before Aurangabad Bench of the Bombay High Court. The High Court by its order dated 31-01-2005 dismissed the appeal and confirmed the sentence passed by the trial Court. That is how the appellants are before us in this appeal.

2. The relevant facts deduced from the evidence are that the marriage of accused-appellant A-2, resident of Village Babulkheda, and deceased-Sangita, daughter of the complainant-Ramrao Laxman Darekar (PW-1), took place on 13-05-1990 at Village Pathri. The distance between Villa
































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