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2017 Supreme(Bom) 1437

ROHIT B.DEO
Lakhanlal Ramkishor Patalbanshi – Appellant
Versus
State of Maharashtra – Respondent


Advocates:
Advocate Appeared:
For the Appellant :Rajasi A. Mardikar, Advocate h/f A.S. Mardikar, Senior Advocate
For the Respondent: A.V. Palshikar, APP.

JUDGMENT :

1. Exception is taken to judgment dated 22.11.2002 in Sessions Trial 223/1999 delivered by the 1st Ad hoc Additional Sessions Judge, Akola, by and under which, the appellant is convicted for offence punishable under section 498A of the I.P.C. and for offence punishable under section 306 of the I.P.C. and is sentenced to suffer rigorous imprisonment for one year and seven years respectively.

2. Heard Ms. Rajasi Mardikar, the learned counsel for the appellant and Shri A.V. Palshikar, the learned Additional Public Prosecutor for the respondent/State.

3. The genesis of the prosecution is an oral report (Exh.16) dated 01.06.1999 lodged by Hariprasad Kashyap at Police Station Mana, the gist of which is thus:

Hariprasad Kashyap stated in the police report that the marriage of his daughter Saroja and Lakhanlal Ramkishor Patalbanshi was solemnized on 08.05.1998. Saroja visited her parental house at Sukali on the occasion of Ashadhi, Nagpanchmi, Raksha Bandhan, Diwali and Holi. Hariprasad Kashyap (hereinafter referred to as “the informant”) further states that he went to Mana to bring Saroja on the occasion of the marriage of son of the informant. During the said period, Saroja convey

































































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