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2012 Supreme(Bom) 1937

SHRIHARI P.DAVARE
Vitthalrao s/o Dattarao Kale – Appellant
Versus
State of Maharashtra – Respondent


Advocates Appeared:
For the Appellants:S.S. Choudhary, Advocate.
For the Respondent: B.J. Sonwane, APP.

Judgment

1. Heard learned respective counsel for the parties.

2. Challenge in this appeal is to the conviction and sentence imposed upon the appellant nos. 1 and 2 (original accused nos. 1 and 3) (hereinafter referred to as per their original status i.e. accused) by way of judgment and order dated 14.12.2004, rendered by learned 3rd Adhoc Additional Sessions Judge, Nanded in S.C.No.86/2004, thereby convicting the accused no.1 Vitthal Dattarao Kale for the offence p/u/s 498-A of Indian Penal Code and sentenced him to suffer R.I. for six months and to pay fine of Rs.500/-, in default to suffer R.I. for one month and also convicting accused No.3 Kausalya Kale for the offence p/u/s 498-A of Indian Penal Code and sentenced her to undergo S.I. for ten days and to pay fine of Rs.500/-, in default to suffer S.I. for ten days. In fact the accused nos. 1 and 3 faced trial in the said sessions case alongwith co-accused i.e. accused no.2 for the charges under section 498-A, 304-B r/w 34 of Indian Penal Code, but the accused no.2 namely Dattarao Kale was acquitted of all the charges and also accused nos. 1 and 3 were also acquitted for the offence p/u/s 304-B r/w section 34 of Indian Penal Code




































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