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2011 Supreme(Bom) 505

SHRIHARI P.DAVARE
Kacharu s/o Bhausaheb Sonawane – Appellant
Versus
State of Maharashtra – Respondent


Advocates Appeared:
For the Petitioner:S.B. Jadhav, holding for B.T. Bodkhe, Advocates.
For the Respondents: S.G. Nandedkar, A.P.P.

Judgment :-

1. Challenge in the present appeal is to the conviction and sentence, rendered by the learned Additional Sessions Judge, Ahmednagar, in Sessions Case No. 202 of 1999, by way of judgment and order, dated 22.1.2001, whereby appellant herein (original accused no.1) was convicted for the offence punishable under Sections 498A and 306 of the Indian Penal Code and was sentenced to suffer rigorous imprisonment for three years and to pay fine of Rs.1,000/, in default to suffer simple imprisonment for three months, but no separate sentence was awarded under Section 306 of the Indian Penal Code and set off was directed to be given to appellant (original accused no.1) herein, as he was in Jail from 18.8.1999 to 29.10.1999.

2. The factual matrix and shorn of details, which gave rise to the present appeal, are as follows:-

The appellant i.e. original accused no.1 Kacharu Bhausaheb Sonawane and deceased Surekha married with each other about four years back from the date of incident i.e. 17.8.1999 and the original accused no. 2 – Bhausaheb Dattatraya Sonawane and original accused no.3 – Hausabai Bhausaheb Sonawane are the parentsinlaw of deceased Surekha. The appellant and his parents i





























































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