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2014 Supreme(Bom) 1554

A.V.NIRGUDE, A.I.S.CHEEMA
Prabhakar s/o Kaduba Shejul – Appellant
Versus
State of Maharashtra – Respondent


Advocates Appeared:
Shri Vijay Sharma, Advocate for appellant
Shri P.P. More, A.P.P. for respondent/ State

JUDGMENT

A.I.S. Cheema, J.

1. This criminal appeal is by original accused No.1 Prabhakar, who was tried along with his father Kaduba (accused No.2), mother Gayabai (accused No.3) and sister Kusumbai (accused No.4) for offen ce punishable under Sections 498-A and 302 read with Section 34 of the Indian Penal Code (IPC for short), alternatively Section 306 read with Section 34 of the Indian Penal Code. Only the appellant – accused (hereinafter referred to as “accused”) came to be convicted under Section 498-A and Section 302 of the Indian Penal Code. For offence under Section 302 of the Indian Penal Code, he is sentenced to suffer rigorous imprisonment for life and to pay fine of Rs.5000/-, in default to suffer rigorous imprisonment for three months; for offence under Section 498-A of the IPC, he is sentenced to suffer rigorous imprisonment for one year and to pay fine of Rs.1000/-, in default to suffer rigorous imprisonment for three months. His old aged father Kaduba, who was 80 years when charge sheet was filed, died during pendency of appeal and the appeal abated as far as his father was concerned. Accused Nos.3 and 4 came to be acquitted of the offences with which they were charge








































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