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2004 Supreme(Bom) 228

B.H.MARLAPALLE, M.G.GAIKWAD
Bajirao Suryabhan Kadam & another – Appellant
Versus
State of Maharashtra – Respondent


JUDGMENT - MARLAPALLE B.H., J.: - Both the appellants were put in trial in Sessions Case No. 15/95 before the learned Additional Sessions Judge at Beed for the offence under sections 498-A, 302 read with 34 of Indian Penal Code (the Code for short) and by judgment and order dated 29th January, 1996 the learned Additional Sessions Judge was pleased to convict both the accused for an offence punishable under section 498-A read with 34 of the Code, whereas the accused No. 1 has been in addition convicted under section 302 of the Code and accused No. 2 has been acquitted for the same offence. Accused No. 1 is sentenced to undergo R.I. for life his conviction under section 302 of Indian Penal Code and both the accused have been sentenced to undergo R.I. for a period of 6 months for the offence punishable under section 498-A read with 34 of the Code. The Sessions Court recorded that accused No. 2 was arrested on 12-1-1994 and she was in jail till 19-1-1994 and therefore, for the said period she was given set of. This appeal arises from the said order of conviction and sentence.

2. The prosecution case can be briefly stated as under:-

Deceased Sunita was married to accused No. 1 Bajirao wh













































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