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2013 Supreme(Bom) 34

V.K.TAHILRAMANI, SADHANA S.JADHAV
Bhagwan Trimbak Ahirrao – Appellant
Versus
State of Maharashtra – Respondent


Advocates appeared:
Mr. A.P. MUNDARGI i/b. Mr. SUBODH DESAI, Advocate for Appellants.
Mr. P.S. HINGORANI, APP for State.

JUDGMENT

SADHANA S. JADHAV, J.

1. The appellants herein are convicted for the offence punishable under Section 302 r/w 34 of Indian Penal Code and are sentenced to suffer life imprisonment and to pay fine of Rs. 1000/- each i.e. R.I. for 2 years. They are also convicted for the offence punishable under Section 201 r/w 34 of Indian Penal Code and sentenced to R.I. for 3 years and to pay tine of Rs. 500/- each i.e. R.I. for 6 months. They arc further convicted for the offence punishable under Section 498A r/w 34 of Indian Penal Code and sentenced to R.I. for one year and to pay fine of Rs. 500/- each i.e. R.I. for 3 months by the Ad-hoc Additional Sessions Judge-II, Malegaon in Sessions Case No. 36 of 2005 by Judgment and Order dated 13.4.2004.

2. Being aggrieved by the said Judgment and Order, the appellants have filed the present Criminal Appeal. The prosecution case in nut-shell is as follows:

(a) Somnath (original accused no. 3) is the son of Bhagwan and Kasubai (original accused Nos. 1 and 2). Ravindra and Balaji (original accused Nos. 4 and 5) are the brothers of Somnath. Somnath was married to Pushpa, daughter of Ramdas Shivale (P.W.1) on 12.5.2004. At the time of marriage, the f




































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