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2011 Supreme(Bom) 165

S.S.SHINDE
Abdul Jabbar S/o Abdul Razzaq – Appellant
Versus
State of Maharashtra – Respondent


Advocates appeared:
For the Appellant:P.V. Mandalik, Senior Counsel i/by Shri Amol Gandhi, Advocate. For the Respondent: Smt. Y.M. Kshirsagar, A.P.P.

Judgment :

This appeal is filed challenging the judgment and order of conviction passed by the Joint District Judge and Additional Sessions Judge at Nanded in Sessions Case No. 26 of 1997 dated 01st December, 1999.

2. The prosecution story in brief is as under :

It is the case of prosecution that P.W. 1 Shaikh Ainu is resident of village Rahur which is about 20 k.m. from Mahur in Kinwat taluka. Shaihin now deceased was eldest daughter of Shaikh Ainu. Her marriage was solemnized with one Mr. Abdul Aziz i. e. original accused No. 2 on 12th April, 1996. In the marriage a golden ring of 5 gms, certain utensils, furniture and a cash amount of Rs. 5,000/-for purchasing garments were given to the Abdul Aziz as per the custom prevailing in their community. It is the case of the prosecution that, there was no agreement as such as to what was to be given to Abdul Aziz by the complainant in the marriage. After marriage Shaheen went to the matrimonial house at Mahur. It is the case of prosecution that all the accused persons are members of joint family and residing in the same house.

After about eight days stay in the matrimonial house of Shaheen, Shaheen was taken to the parents home at Rahur.
































































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