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2021 Supreme(Bom) 505

S.S.SHINDE, SURENDRA P.TAVADE
State of Maharashtra, Through the Police Inspector, Phaltan – Appellant
Versus
Dipak Kisan Bhongale – Respondent


Advocates Appeared:
For the Appellant : Mr. V.B. Konde-Deshmukh, A.P.P.
For the Respondent: Mr. Rahul S. Kate.

JUDGMENT :

S.S. Shinde, J.

1. This appeal is filed by the appellant-State challenging the judgment and order dated 30th August, 2003, passed by the Sessions Court, Satara in Sessions Case of 30 of 2003, thereby acquitting the accused for the offences punishable under Sections 498-A and 304-B read with section 34 of Indian Penal Code, 1860 (for short ‘IPC’).

2. The prosecution story in short can be summarized as under:-

The marriage of Dipali (deceased) with accused no. 1 was solemnized in the year 1999 at Kopargaon, Dist. Ahmednagar. After the marriage, the house members of in-laws of Dipali behaved and treated her properly. After about 10 months from her marriage, Dipali came to her maternal home for delivery. At that time, Dipali told her parents that accused no. 1 and 2 are giving her ill treatment. She further told her parents that accused no. 1 had illicit relations with accused no. 2. Accused No. 1 was demanding Rs. 50,000/- to Rs. 1,00,000/- from Dipali. On 17th December, 2000, Dipali gave birth to a child and thereafter, for about 2 months nobody from the house of her in-laws came to see her or her son. After a period of two months from her delivery, Dipali was sent to her husb

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