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2012 Supreme(Bom) 1316

T.V.NALAWADE
Vitthal s/o. Dadarao Lokhande – Appellant
Versus
State of Maharashtra – Respondent


Advocates appeared:
For the Petitioners:S.J. Salgare h/f. Mr. Satej S. Jadhav, Advocate.
For the Respondent: N.H. Borade, A.P.P.

Judgment :

1. The appeal is filed against the judgment and order of Sessions Case No. 43/1994, which was pending in the Court of 2nd Additional Sessions Judge, Jalna. The Sessions Court has convicted and sentenced all the appellants for offence punishable under section 498-A r/w. 34 of Indian Penal Code. Appellant No. 1 is convicted for the offence punishable under section 306 of I.P.C. also. Both the sides are heard.

2. In short, facts leading to the institution of the appeal, can be stated as follows:-

The deceased was a sister of complainant Sudhakar. The deceased was given in marriage to accused No. 1 about 3 years prior to the date of incident. Accused Nos. 2 and 3 are parents of accused No. 1, husband of the deceased and all the accused were living together, where the deceased cohabited with accused No. 1.

3. After one year of the marriage, the accused started saying that the deceased was infertile, she was black in complexion, she was suffering from tuberculosis (for short "T.B.") and she was not able to cook food. They started asking the deceased to bring Rs. 4,000/- from her parents as dowry. The accused were giving threats that they would perform second marriage of accus






















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