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2012 Supreme(Online)(Bom) 8

BOMBAY HIGH COURT
A. S. Gadkari, J
Arjun Babarao Parche and Others v. State of Maharashtra


1. This appeal is directed against the Judgment and Order dated 11.6.2008 passed by the Ad hoc Additional Sessions Judge, Wardha in Sessions Trial No.125 of 2007, whereby the appellants / accused were convicted of the offences punishable under S.498A and S.306 r/w S.34 of the Indian Penal Code and were sentenced accordingly.

2. Heard submissions of the learned counsel for the parties.

3. The facts in brief are as under :
On the basis of report by Babarao Parche (accused No.2) accidental death was noted as A.D. No.65 of 2006 under S.174 of the Criminal Procedure Code . When the dead body of deceased Rekha (informer's daughter - inlaw) and thereafter her child aged about six months old was also found in the same well on 8.9.2006. Thus, inquiry followed and spot panchanama was drawn (Exh.40), as also inquest held over the dead body and the body was referred for post mortem examination. The cause of death was mentioned as due to drowning in the postmortem report (Exh.20 and 31).

4. On 9.9.2006, Shri Nagorao (PW1) lodged a complaint alleging that Rekha was treated with cruelty by accused and that accused were suspecting chastity of Rekha. According to Rekha, he had received the messa

















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