MANOHAR S/O BHAURAO KHANVE Vs. STATE OF MAHARASHTRA (THROUGH PSO KATOL, DIST NAGPUR)
HIGH COURT OF BOMBAY
Manohar S/O Bhaurao Khanve
State Of Maharashtra (Through Pso Katol, Dist Nagpur)
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Rohit B. Deo, J. -
(1.) The appellant seeks to assail judgment dated 05.03.2004 in Sessions Trial 42/1999 delivered by the 2nd Ad hoc Additional Sessions Judge, Nagpur, by and under which, the appellant is convicted for offence punishable under section 304B of I.P.C. and is sentenced to suffer rigorous imprisonment for seven years and to pay fine of Rs.1000/. One Satyafula w/o Narayan Rakshit who was tried along with the appellant (hereinafter referred to as "the accused) as accused 2 is however, acquitted of the said offence.
(2.) Heard Shri Sudeep Jaiswal, the learned counsel for the accused and Mrs. M.H. Deshmukh, the learned Additional Public Prosecutor for the respondent/State.
(3.) Shri Sudeep Jaiswal, the learned counsel for the accused submits that even if the entire evidence of the prosecution is taken at face value, necessary ingredients constituting offence under section 304B of I.P.C. are not made out. He would submit, that there is not even an iota of evidence on record that soon before the death, Anita the late wife of accused was subjected to cruelty or harassment by the accused or any relative of the accused, for or in connection with, any demand of dowry.
The conviction has occasioned a serious miscarriage of justice, is the submission.;
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