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2008 Supreme(SC) 90

C.K.THAKKER, MARKANDEY KATJU
Vikas – Appellant
Versus
State of Maharashtra – Respondent


judgment

C.K. Thakker, J. —

1.The present appeal is filed by the appellants-accused against judgment and order passed by the High Court of Judicature at Bombay (Aurangabad Bench) on December 20, 2005 in Criminal Appeal No. 321 of 2005 convicting them for offences punishable under Sections 302 and 342 read with Section 34 of the Indian Penal Code (IPC). The High Court, by the impugned judgment, partly confirmed the order passed by the Third Ad-hoc Additional Sessions Judge, Ahmednagar on April 16, 2005 in Sessions Case No. 92 of 2001.

2.The case of the prosecution was that deceased Rekha was given in marriage by PW 1 Laxmn Pingale to accused No. 1 Vikas Vayse. Accused No. 2 was brother of Vikas and brother-in-law of deceased Rekha. The marriage was solemnized in or about 1997-98 before 3 to 4 years of the incident in question. According to the prosecution, the accused demanded dowry and there was some dispute even at the time of betrothal ceremony which was locally known as Sakharpuda. After the marriage, Rekha went to her matrimonial home at Khandvi. For few months, the marriage relations went on well. Thereafter, however, all the accused started demanding money towards dowry. They us






















































































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