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2018 Supreme(Bom) 1472

S.S.SHINDE, V.K.JADHAV
Shaikh Babar Shaikh Noor – Appellant
Versus
State of Maharashtra – Respondent


Advocates Appeared:
For the Appellant : Mr. S.S. Ladda, Mr. S.G. Ladda
For the Respondent: Mrs. V.N. Patil Jadhav

JUDGMENT :

S.S. SHINDE, J.

1. This Appeal is directed against the Judgment and order dated 30th September, 2013, passed by the Sessions Judge, Aurangabad in Sessions Case No. 2 of 2013, thereby convicting accused/Appellant Shaikh Babar Shaikh Noor for the offence punishable under Section 498A of the Indian Penal Code (for short "I.P. Code") and sentencing him to suffer rigorous imprisonment for one year and to pay a fine of Rs.500/-, and in default of payment of fine, to suffer rigorous imprisonment for Fifteen days. The trial Court also convicted the accused for the offence punishable under Section 302 of the I.P. Code and sentenced him to suffer imprisonment for life and to pay a fine of Rs.500/-, and in default of payment of fine, to suffer simple imprisonment for one month. The trial Court directed that both the sentences shall run concurrently.

2. The prosecution case, in nutshell, is as under:-

(A) Accused Shaikh Babar was residing with his wife Asma in a rented room of PW4 Shaikh Yunus at Sajapur. Accused married with Asma about two years prior to the incident. A female baby











































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