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1997 Supreme(Bom) 537

A.D.MANE, D.D.SINHA
Ashruba Gena Gite and another – Appellant
Versus
State of Maharashtra – Respondent


JUDGMENT - A.D. MANE, J.:---This appeal is directed against the judgment and order dated 20-1-1994 in a case of dowry death. The first appellant is the husband of deceased Indubai. The second appellant is the mother of the appellant No. 1. They were tried for offence punishable under sections 498-A and 304-B of the Indian Penal Code. The trial Court convicted both the appellants and sentenced each of them to undergo R.I. for two years under section 498-A of the I.P.C. and further R.I. for seven years under section 304-B of the I.P.C.

2.In order to appreciate the complicity of the accused in respect of the crime in question, it is necessary to consider few relevant facts, which have resulted in prosecution of the appellants for the offences charged. The marriage between appellant No. 1 and deceased Indubai took place on 4-3-1991. P.W. 3 Hanuman, who is a brother of deceased Indubai spent Rs. 10,000/- as a dowry in the marriage. Soon after the marriage, deceased Indubai went to her matrimonial home but she had twice visited her mother's place at Kharda for festivals, such as Ashadh and Nag-panchami. It was alleged that during her stay with her mother P.W. 5 Janabai, deceased Indubai
































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