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2003 Supreme(Bom) 230

R.S.MOHITE
Prabhakar Pandurang Ingole – Appellant
Versus
State of Maharashtra – Respondent


JUDGMENT - MOHITE R.S., J.:---Heard Shri Dharmadhikari, Advocate for the appellant and Shri Patel, Additional Public Prosecutor for the respondent.

2.This is an appeal which seeks to quash and set aside the judgment and order dated 20-9-2001 passed by the Joint District Judge and the Additional Sessions Judge, Nagpur, in Sessions Trial No. 131 of 1994, by which the trial Court has convicted the appellant for the offences punishable under sections 498-A and 306 of the Indian Penal Code. For the offence under section 498-A of the I.P.C., the appellant has been sentenced to suffer R.I. for one year and to pay a fine of Rs. 1,000/-, in default of payment of fine, to suffer further R.I. for a period of three months. For the offence under section 306 of the I.P.C., the accused has been sentenced to suffer R.I. for a period of six years and to pay a fine of Rs. 3,000/-, in default of payment of fine, to suffer further R.I. for a period of six months.

3.The brief facts of the prosecution case can be summarized as follows:

(a)That the deceased Hemlata also known as Tara was the elder daughter of P.W. 1 Vitthalrao Udhobaji Hanwate. She was married with the present appellant (hereinafter referre








































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