PURUSHOTTAM SITARAM BAKAL & ORS. Vs. STATE OF MAHARASHTRA
HIGH COURT OF BOMBAY (AT: NAGPUR)
Purushottam Sitaram Bakal And Ors.
STATE OF MAHARASHTRA
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ROHIT B.DEO,J. -
(1.) The appellants in Criminal Appeal No. 17 of 2000 faced trial for offence punishable under sections 306 and 498A read with section 34 of Indian Penal Code (for short 'IPC'). They have been acquitted of offence punishable under section 306 read with section 34 of IPC and have been convicted of offence punishable under section 498A read with section 34 of Indian Penal Code and are sentenced to suffer rigorous imprisonment for two years and to pay fine of Rs. 500/. The State is challenging the acquittal of the accused for offence punishable under section 306 of IPC and accused are challenging the conviction under section 498A read with section 34 of IPC. Criminal Appeal 17 of 2000 and Criminal Appeal 74 of 2000, assailing the judgment dated 20.12.1999, in Session Trial 65 of 1997 delivered by Additional Sessions Judge, Washim, have been heard together and are decided by this common judgment.
(2.) Heard Shri. S.A. Bramhe, learned counsel for appellants in Criminal Appeal 17 of 2000 and Shri. H.R.Dhumale, learned Additional Public Prosecutor in Criminal Appeal 74 of 2000 for the State.
(3.) Saraswati, late wife of appellant 1, Purushottam (appellants shall be referred to as 'accused' hereinafter) expired on 22.5.1997 at village Tiwali. The prosecution contends that Sarswati committed suicide by consuming poison. Natthu Jadhav, the father of Sarswati lodged First Information Report (for short 'FIR') (Exh.23), on 23.5.1997, pursuant to which offence punishable under section 498A and 306 read with section 34 of IPC was registered at Shirpur Police Station.;
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