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2016 Supreme(Bom) 1987

B.R.GAVAI, V.M.DESHPANDE
Harish S/o Shamsundar Chhangani – Appellant
Versus
State of Maharashtra – Respondent


Advocates Appeared:
For the Respondent: Mr. M.J. Khan, Additional Public Prosecutor

JUDGMENT :

B.R. Gavai, J.

1. The accused/appellant being aggrieved by their conviction and sentence for the offences punishable under Sections 498-A, 304B and Section 302 read with Section 34 of the Indian Penal Code vide judgment and order passed by the learned Additional Sessions Judge, Khamgaon dated 31.12.2013 in Sessions Trial No. 39/11, have approached this Court.

2. The prosecution case, in brief, is thus :- The deceased Usha was resident of Jaisalmer (Rajasthan). On 1.6.2009 she was married to accused no.1 Harish at Jaisalmer. Accused nos. 2 & 3 are parents of accused No.1. After marriage, deceased Usha started residing with the accused persons at Khamgaon. It is the prosecution case that though in the marriage, the parents of deceased Usha had given 8 tola gold, 50 total silver, clothes and other articles, the accused persons were always making a grievance that the other items like T.V., Washing Machine, etc. were not given. As such, the parents of Usha came to Khamgaon for purchasing the aforesaid articles and gave the same to accused persons.

3. It is further the prosecution case that after 2-3 months of the marriage, Usha had visited her parents' house at Jaisalmer. She had












































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