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2008 Supreme(SC) 1766

ARIJIT PASAYAT, MUKUNDAKAM SHARMA
Vijay – Appellant
Versus
State of Maharashtra – Respondent


Advocates appeared:
For the Appellants :Gangan Sanghi and Rameshwar Prasad Goyal, Advocates.

JUDGMENT

Dr. Arijit Pasayat, J. —

1. In this appeal challenge is to the order passed by a Division Bench of the Bombay High Court, Nagpur Bench, allowing the appeal filed by the State. By the common judgment two appeals were disposed of. One was by Suman (hereinafter to be described as ‘A-3’) while the other was by the State. Five accused persons faced trial for alleged commission of offences punishable under Sections 498A, 306 and 304B of the Indian Penal Code, 1860 (in short the ‘IPC’). Learned 2nd Additional Sessions Judge, Khamgaon directed acquittal of accused 1, 2, 4 and 5. The present appellant was A-1. The trial Court directed conviction of accused Suman who in the meantime died. The appeal filed by the State was admitted only against the acquittal of present appellant. High Court allowed the appeal and convicted appellant for offences punishable under Section 498A, 304-B and 306 IPC.

2. Prosecution version in a nutshell is as follows:

Shrirang (PW-1) S/o Yashwant Raut and Sou. Vimal W/o Shrirang Raut resident of Bhusawal had two daughters and a son. Nirmala (PW-3) w/o. Subhash Marine is their elder daughter and Anita (hereinafter referred to as ‘deceased’) was their younge










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