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2022 Supreme(Bom) 11

V.K.JADHAV, SANDIPKUMAR C.MORE
Madhav Dhondiba Wadwale – Appellant
Versus
State of Maharashtra, Through the Secretary Home Department – Respondent


Advocates Appeared:
For the Appellant : Mr. K.C. Sant.
For the Respondent: Mr. R.D. Sanap, A.P.P., Mr. A.M. Gaikwad.

JUDGMENT :

V.K. Jadhav, J.

1. Being aggrieved and dissatisfied with the judgment and order of conviction passed by the Additional Sessions Judge, Kandhar dated 23.5.2014 in Sessions Case No.23 of 2004, the appellant - original-accused No.1 Madhav Dhondiba Wadwale preferred criminal appeal No.392 of 2014 and appellants-accused No.2 and 3 i.e. Dhondiba Devrao Wadwale and Chandrakalabai Dhondiba Wadwale, respectively, preferred criminal appeal No.294 of 2014.

2. Brief facts giving rise to the prosecution case are as follows:-

(a) P.W.2 Savita (victim) is the wife of appellant-accused No.1 Madhav whereas the appellant accused Nos.2 and 3 i.e. Dhondiba and Chandrakalabai, respectively, are the parents of appellant accused No.1 Madhav. The marriage of P.W.2 Savita (victim) was performed with appellant-accused No.1 Madhav on 26.3.2003. At the time of marriage, though dowry amount of Rs.1,21,000/- was fixed, however, an amount of Rs.1,00,000/- was paid in cash alongwith motor cycle and ornaments of two and half Tola gold were also given and balance amount of dowry for Rs.21,000/- remained unpaid. After the marriage, P.W.2 Savita (victim) had gone to her matrimonial house at Kapsi (Bk), Tq. Loh

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