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2021 Supreme(Bom) 470

S.S.SHINDE, SANDIPKUMAR C.MORE
State of Maharashtra – Appellant
Versus
Pandurang Malhari Kagale – Respondent


Advocates:
Advocate Appeared:
For the Appellant : Mr. V.B. Konde-Deshmukh.

JUDGMENT :

S.S. SHINDE, J.

1. This Criminal Appeal is preferred by the State of Maharashtra challenging the judgment and order dated 7th September, 2002 in Sessions Case No. 49 of 1999 passed by the learned II Ad-hoc Additional Sessions Judge, Sangli at Sangli, whereby the respondents-accused were acquitted of the charges under sections 498A, 304B read with section 34 of the Indian Penal Code.

2. The prosecution case in brief is as under:

    The complainant, namely, Kasappa Mali, is the father of the deceased-Rukmini. Accused No. 1-Pandurang was the husband of Rukmini. Accused No. 2, who has expired, was the father of accused No. 2. Accused No. 3 is the mother of accused No. 1 and accused No. 4 is the sister of accused No. 1. Rukmini died on 18.12.1998, after four years of her marriage with accused No. 1.

It is the case of the prosecution that, about six months after the marriage, the accused started ill treating the deceased on the grounds that she was unable to cook properly and also that her conduct was not good. They used to beat the deceased on said counts. They used to torture the deceased by asking her to bring money and gold from her parents. These facts were narrated by the deceas

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