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2022 Supreme(Bom) 665

SADHANA S.JADHAV, MILIND N.JADHAV
Bhola Harishchandra Gupta – Appellant
Versus
State of Maharashtra (At the instance of Tilak Nagar Police Station in C. R. No. 34 of 2011) – Respondent


Advocates:
Advocate Appeared:
For the Appellant :Mr. Aniket Vagal, Advocate
For the Respondent: Ms. M.M. Deshmukh, Adv

JUDGMENT :

MILIND N. JADHAV, J.

1. This Appeal is preferred by the Appellant against the judgment dated 30.04.2014 passed by the learned Additional Sessions Judge, Bombay in Sessions Case No. 430 of 2011. By the said judgment, the learned Additional Sessions Judge convicted the Appellant for the offence punishable under Section 498-A of the Indian Penal Code, 1860 (for short "IPC") and sentenced him to suffer rigorous imprisonment for two years and pay fine of Rs. 1000/-and in default in payment of fine, to undergo simple imprisonment for one month. By the said judgment and order, the Appellant was also convicted for the offence punishable under Section 302 of IPC and sentenced to undergo imprisonment for life and pay fine of Rs. 2000/-and in default in payment of fine, to undergo simple imprisonment for three months. The learned Additional Sessions Judge directed that both the substantive sentences of imprisonment imposed on the Appellant shall run concurrently. For the sake of convenience we shall refer to the Appellant as accused.

2. Such facts which are relevant for the purpose of deciding the present Appeal are as follows:-

2.1. On 31.01.2011 at about 06.00 a.m., the accused went

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