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2014 Supreme(Bom) 332

S.S.SHINDE, V.M.DESHPANDE
Namdeo – Appellant
Versus
State of Maharashtra – Respondent


Advocates:
Advocate Appeared
For the Appellant:Satej S. Jadhav, Advocate.
For the Respondent: K.M. Suryawanshi, A.P.P.

JUDGMENT

S.S. Shinde, J.

The present appeal is filed challenging the judgment and order dated 23/08/2011 passed by the Additional Sessions Judge, Udgir in Sessions Case No.54 of 2008. Originally there were three accused, however, accused Nos.2 and 3 namely Mariba Laxman Waghmare and Kondabai Mariba Waghmare respectively, came to be acquitted from all charges levelled against them. However, appellant herein., i.e. original accused No.1 Namdeo s/o Mariba Waghmare, is convicted under Section 235(2) of the Code of Criminal Procedure for the offence punishable under Section 498-A of Indian Penal Code and sentenced to suffer Simple Imprisonment for 2 years and to pay fine of Rs. 5,000/. In default of payment of fine, to undergo simple imprisonment for 6 months. Accused No.1 Namdeo is also convicted for the offence punishable under Section-302 of Indian Penal Code, and sentenced to suffer Rigorous Imprisonment for life and to pay fine of Rs. 5,000/. In default of payment of fine, to undergo further rigorous imprisonment for one year. The Sessions Court ordered that, both the sentences shall run concurrently. Set off as per Section-428 of the Code of Criminal Procedure was given to accused



































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