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A.I.S.CHEEMA
Subhash – Appellant
Versus
State of Maharashtra – Respondent


Advocates:
Counsel for the Parties:
For the Appellant:Mr. A.S. Kale Advocate h/f. Mr. S.B. TalekarAdvocate and Mr. S.M. Vibhute Advocate
For the Respondent: Shri. S.M. Ganachari A.P.P.

JUDGMENT

A.I.S. Cheema, J.—The Appellant – original accused (hereafter referred as ‘accused’) has been convicted for offence under Section 306 and Section 498A of the Indian Penal Code, 1860 (“I.P.C.” in brief). For Section 306 of I.P.C. he has been directed to suffer sentence of rigorous imprisonment for two years and pay fine of Rupees One Thousand. In default of fine, he is directed to undergo further imprisonment for a period of three months. Under Section 498A of I.P.C. he has been sentenced to suffer rigorous imprisonment for the period of one year and to pay fine of Rupees Five Hundered, and in default to suffer further imprisonment for a period of one month. The sentence was passed by Sessions Judge, Osmanabad in Sessions Case No.128 of 2000 on 11th July 2003.

2. Agitated by the conviction the Appellant-accused filed this Appeal.

3. In the Sessions Court, along with the present Appellant-accused, there were two more accused i.e. accused No.2 – Arjun Kamble and accused No.3 – Gojarbai w/o Arjun Kamble. Accused Nos.2 and 3 were acquitted by the trial Court.

4. The facts in brief, are as follows:

(A).On 3rd November 1999, Dr. Sanjiv Madhekar (PW7) working as medical officer, c

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