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2023 Supreme(Bom) 13

S. G. MEHARE
Shivkaran s/o. Ganpati Gaikwad – Appellant
Versus
State of Maharashtra, (Copy to be served on A. P. P. Bombay High Court, Bench at Aurangabad) – Respondent


Advocates Appeared:
For the Petitioner: Mr. N.G. Kale.
For the Respondents: Mr Parikshit S. Mantri h/f Mr. Parag V. Barde, Mr. S.B. Narwade.

JUDGMENT :

[S.G. Mehare, J.]

1. The petitioner/father of the deceased has preferred the present revision impugning the judgment and order of acquittal of the learned Additional Sessions Judge, Omerga, in Sessions Case No.89 of 2004 dated 21.04.2007.

2. The respondents nos.2 to 5 were tried for the offences punishable under Section 302, 498-A, 306 r/w 34 of the Indian Penal Code.

3. The brief facts of the case may be summarised that the respondents and the deceased hailed from the same village. The deceased married respondent no.1. The deceased had marital disputes. She died within six months of her marriage. Due to the dispute, the respondents went to reside at Omarga. The deceased was living alone in the house of the respondents. On the day of the incident, there was the harvesting of the jowar in the field where the incident happened. The incident occurred on 27.10.2004 at about 1.30 pm. in the field.

4. Learned counsel for the applicant would vehemently argue that the learned trial court did not appreciate the oral as well as the documentary evidence correctly. Hence, the Court erroneously concluded the acquittal. The learned Additional Sessions Judge failed to appreciate the three

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