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2017 Supreme(Bom) 1465

ROHIT B.DEO
Sanju – Appellant
Versus
State of Maharashtra – Respondent


Advocates Appeared:
For the Appellant :R.P. Joshi, Advocate.
For the Respondent: A.V. Palshikar, APP.

JUDGMENT :

1. Challenge is to the judgment and order dated 26.04.2002 in Sessions Case 97/1994 by the Additional Sessions Judge, Chandrapur, by and under which, appellant is convicted for the offence punishable under section 498A of I.P.C. and is sentenced to suffer rigorous imprisonment for one year and to pay fine of Rs.500/and is further convicted for the offence punishable under section 306 of I.P.C. and is sentenced to suffer rigorous imprisonment for two years and to pay fine of Rs.1000/. The appellant is acquitted of offence punishable under section 304B of I.P.C.

2. The case of the prosecution, as is unfolded during the trial, is that the marriage of accused and the deceased Roopa was solemnized sometime in 1991. Roopa committed suicide on 04.04.1994. The appellant along with accused 2 and 3 (father and mother of the accused) subjected the deceased Roopa to cruelty within the meaning of explanation (a) and (b) of section 498A of I.P.C. and thus committed offence punishable under section 304B, 306 and 498A read with section 34 of I.P.C. The father of the accused died during the pendency of the trial and the mother is acquitted of all charges.

3. The prosecution case is that the



















































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