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BOMBAY HIGH COURT
A. S. Gadkari, J
The State of Maharashtra – Appellant
Versus
Sharad Ramdas Shelar – Respondent


Advocates:
For the Appellants/Petitioners: Mr. S.S. Hulke
For the Respondents: Mr. Amey Deshpande, Smt. V.M. Bait

1.The Appellant, State of Maharashtra, has preferred present Appeal under Section 378 (1) of the Code of Criminal Procedure. 1973 (for short, ‘the Cr.P.C .’), impugning the Judgment and Order dated 7th May, 2012 passed by the learned Additional Sessions Judge-2, Niphad, District Nashik in Sessions Case No.24 of 2010, acquitting the Respondents from the offence punishable under Section 498-A , 306 read with Section 34 of the Indian Penal Code (for short, ‘the IPC’).

2 Heard Mr. Hulke, learned APP for the Appellant and Mr. Amey Deshpande, learned counsel for the Respondents. Perused the entire record.

3 The prosecution case in brief is as under:-

(i) The marriage of Mrs. Manisha, daughter of Bhagwan K. Khaire (P.W. No.1) resident of Tisgaon, Taluka Chandwad, District Nashik was solemnized with Respondent No.1 i.e. Sharad R. Shelar on 24th March, 2008. The family of the Respondent No.1 was a joint family. Mrs. Manisha (Deceased) after her marriage with Respondent No.1, started cohabiting with the joint family of the Respondent No.1. Initially for one year from her marriage, the Respondents treated her fairly and properly. A male child is begotten from their wedlock. In the year 2009, Mrs

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