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BOMBAY HIGH COURT - BENCH AT AURANGABAD
P.R. Borkar, J
THE STATE OF MAH – Appellant
Versus
DATTARAO WAGHMARE and ORS – Respondent


Advocates:
For the Appellants/Petitioners: Smt.B.R.Khekale
For the Respondents: Shri P.M.Yelnoorkar, Shri R.K.Ashtekar

ORAL JUDGMENT

01. This is an appeal preferred by the State, being aggrieved by the judgment and order passed by the learned Judicial Magistrate, First Class, Jintoor, District Parbhani, on 23.8.1999 in Regular Criminal Case No. 171 of 1996, thereby acquitting the Respondents-original accused of the offence punishable under Section 498-A read with Section 34 of the Indian Penal Code .

02. Briefly stated, the facts as narrated by complainant PW-1 Latabai in her complaint at Exhibit 45, on the basis of which the investigation carried out and charge-sheet was filed, are that present Respondent No.1 Dattarao is her husband, Respondent Nos. 2 and 3 are parents of Respondent No. 1, Respondent No. 4 is the elder brother of Respondent No. 1, Respondent No. 8 is the wife of Respondent No.4, Respondent Nos. 6 and 7 are parents of Respondent No. 5 and Respondent No.5 is cousin of Respondent Nos. 1 and 4. It is the prosecution case that Respondent Nos. 5 to 7 were residing at village Undegaon in neighbourhood of other Respondents. Undegaon is the native place of residence of the Respondents. Respondent Nos. 4 and 8 were admittedly residing at Parbhani, where Respondent No. 4 was in service.

03.

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