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2012 Supreme(Bom) 2273

R.C.CHAVAN
Sambhaji Soma Rupnavar – Appellant
Versus
State of Maharashtra – Respondent


Advocates:
Advocate Appeared:
For the Appellant: Mr. Nitin Dalvi i/b Mr. Dilip Bodake.
For the Respondent-State: Ms. Alpa T. Jhaveri, Additional Public Prosecutor.

JUDGMENT

1. This appeal is directed against conviction of the appellant by the learned III Additional Sessions Judge, Kolhapur, for the offences under Sections 498A and 306 of the Indian Penal Code and sentence of rigorous imprisonment for three years with fine of Rs.5,000/- or in default rigorous imprisonment for one year, imposed upon the appellant, on each of the two counts, on conclusion of trial of Sessions Case No.71 of 1995, before him.

2. The facts which are material for deciding this appeal are as under:–

The victim was married to the appellant on 16.5.1979. She gave birth to a daughter on 20th May, 1980. A son, who was subsequently born on 1st March, 1982, died on 25th March, 1982 due to alleged neglect by not providing medical treatment on the part of appellant. In March, 1982, the appellant sent the victim to her parents house. He seems to have taken P.W.1 Keshar as second wife in 1983 and also left Keshar in six months. Thereafter it appears that by mutual agreement dated 21st June, 1988, the victim came back to reside at the appellant's house. On 8th April, 1993, the victim allegedly wrote to her father that she should be given at least one acre of land otherwise she w





















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