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2014 Supreme(Bom) 1465

A.I.S.CHEEMA
Dhanraj s/o Raosaheb Ghadge – Appellant
Versus
State of Maharashtra, through P. S. O. of Police Station, Ambajogai – Respondent


Advocates Appeared:
Shri V.V. Bhavthankar, Advocate for appellants
Shri P.P. More, A.P.P. for respondent/State

JUDGMENT :

1. The appellants (son and mother) are original accused Nos.2 and 3. They were tried along with original accused No.1 Raosaheb Ghadge, (the father of accused No.2 and husband of accused No.3), and accused No.4 Anita and accused No.5 Baban @ Saprasen, (the daughter and other son of original accused No.1 Raosaheb respectively). The victim of the incident was Mangal (hereinafter referred as “victim), the wife of accused Dhanraj.

2. The five accused were tried in Sessions Case No.30/1993 for offence punishable under Sections 498-A, 304-B, 302 read with Section 34 of the Indian Penal Code, 1860 (IPC for short). The other accused got acquitted of the offence while present appellants- the accused No.2 and accused No.3 were convicted for offence punishable under Section 304-B of the IPC and sentenced to suffer rigorous imprisonment for seven years. They were convicted also for offence punishable under Section 498-A of the IPC, but no separate sentence was imposed. Thus, the present appeal.

3. The case of prosecution in brief is as follows :-

(a) The victim got married to accused No.2 Dhanraj in February 1992. On 26.2.1993, her brother Ratan Shahaji Pade (P.W.2) filed F.I.R. (Exh.
















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