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2013 Supreme(Bom) 17

K.U.CHANDIWAL
Tukaram s/o. Sudam Mundhe – Appellant
Versus
State of Maharashtra – Respondent


Advocates Appeared:
Mr. J.M. MURKUTE, Adv. for the Appellants
Mr. V.G. SHELKE, APP for Respondent State.
Mr. A.K. CHITNIS, Adv., for the complainant.

JUDGMENT

Heard.

2. In Sessions Case No.26/2010, the learned Ad hoc Additional Sessions Judge recorded conviction for offense under Sections 307, 498-A read with Section 34 of IPC, 506-II read with Section 34 of IPC, by order dated 18/4/2012. Appellant No.1 Tukaram was directed to undergo rigorous imprisonment for ten years, three years, three years, three years, respectively, on afore referred each count and to pay fine amount. The other appellants (accused nos. 2 to 4) were directed to undergo rigorous imprisonment for three years for an offense under Sections 307, 498-A, 506-II of IPC.

3. The appeal is admitted on 8th May, 2012. The appellant Tukaram earlier suffered custody. Since he breached bail condition, he was taken in custody and presently he is in custody. The other accused (appellant nos. 2 to 4) are on bail.

4. A development in the matter has taken place. The victim is daughter of appellant no. 1 Tukaram; she was minor, aged around six years at the material time, complainant has patched the relations.

5. Based on incident of assault caused by appellant no.1 allegedly with a knife, coordinated by appellant nos. 2 to 4, FIR vide Crime No.3/2009 dated 7th Jan., 2009, was lodged














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