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2014 Supreme(Bom) 923

A.I.S.CHEEMA
Kailash – Appellant
Versus
State of Maharashtra – Respondent


Advocates appeared:
For the Petitioners:A.R. Devakate, Advocate.
For the Respondent: V.D. Godbharle, A.P.P.

Oral Judgment:

1. Rule. Rule made returnable forthwith. Heard finally with the consent of both the sides.

2. Heard counsel for the petitioner and learned A.P.P. Perused the record as well as charge sheet which has been filed.

3. The petitioner No.1 is the husband of deceased Manjusha and petitioner No.2 and 3 are the parents-in-law. The marriage was performed on 14.3.2009. It is alleged that, Manjusha committed suicide by consuming poison on 16.1.2011. Father of Manjusha filed F.I.R. regarding ill-treatment and that due to the ill-treatement, Manjusha committed suicide. The police filed charge sheet under Section 304-B, 498-A read with Section 34 of the Indian Penal Code. The Sessions Judge passed following order below Exhibit 1 in Sessions Case No.38/2013.

"The charge sheet is filed for offences punishable u/s. 304-B and 498-A read with 34 of the Indian Penal Code. The deceased was wife of accused No.1 Kailash Vitthal Awale and she died unnatural death, within seven years of her marriage. In view of the directions of Apex Court, additional charge for offence punishable u/s. 302 r.w. 34 of IPC is necessary to be framed. There is prima facie evidence to frame charge, hence charge







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