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2006 Supreme(Bom) 428

S.P.KUKDAY
Madhukar Kautik Baviskar – Appellant
Versus
State of Maharashtra – Respondent


Advocates appeared
Shri. P. P. CHAVAN, Adv. h/for M. S. PHA T AK, Adv., for Petitioners.
Shri. S. P. DOUND, APP, for Respondent-State.

JUDGMENT :- Petitioners have impugned order dated 21st October, 1995 passed by the learned VI Assistant Sessions Judge, Jalgaon convicting the petitioners for offence punishable u/ss.306 and 498-A read with Section 34 of the Indian Penal Code and sentencing them to suffer. RI for two years on each count and to pay a fine of Rs.500/- in default, to suffer SI for six months on each count. The substantive sentences are directed to be run concurrently; and the order of the Sessions Judge, Jalgaon dated 21-1-1998 confirming the order of conviction and sentence passed by the Sessions Judge, Jalgaon, in the present petition.

2. Briefly stated, the facts in nutshell are, that petitioner No.1 Madhukar married Mangala (deceased) on 10-3-1983 at AmbeWadgaon. Tq.-Pachora, Dist.-Jalgaon. After marriage, deceased was nicely treated for about 2-3 years. However, as she did not conceive a child, ill-treatment commenced after expiry of 2-3 years. Mangala used to visit her parental house on the auspicious occasions of "Dussera”, "Diwali" or such other occasions. On these occasions, petitioner No.1 never used to go to the house of his father-in-law for fetching Mangala and, as such, his brother Madhav













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