RANGNATH S/O. RAMCHANDRA CHAKALE AND OTHERS Vs. STATE OF MAHARASHTRA
LAWS(BOM)-2017-7-235
HIGH COURT OF BOMBAY (AT: AURANGABAD)
Decided on July 27,2017

Rangnath S/O. Ramchandra Chakale And Others Appellant
VERSUS
STATE OF MAHARASHTRA Respondents

JUDGEMENT

SANGITRAO S. PATIL, J. - (1.) Being aggrieved by the judgment and order dated 10.04.2002 passed in Sessions Case No.48 of 1999 by the learned 2nd Additional Sessions Judge, Jalna, whereby the deceased appellant no.1 (Original accused No.1) and the present appellant nos.2 and 3 (Original accused Nos.2 and 3) have been convicted for the offence punishable under Section 498-A read with Section 34 of the Indian Penal Code ("I.P.C.", for short), and in addition to that appellant no.3 has been convicted for the offence punishable under Sections 306 of the I.P.C., the present appeal has been preferred.
(2.) During pendency of the appeal, appellant no.1 - Rangnath expired. Hence, the appeal stood abated against him. He was original accused no.1. The appeal proceeded against original accused nos.2 and 3 who have been shown as appellant nos.1 and 2 after the demise of appellant no.1. For the sake of convenience, the deceased appellant and present appellants are hereinafter referred to by their original nomenclatures, by which they were referred to during the trial.
(3.) Admittedly, accused no.3 got married to the deceased Satyabhama 7 to 8 years prior to the date of the incident. Accused no.1 is the father, while accused no.2 is the mother of accused no.3. The deceased Satyabhama gave birth to a daughter namely Soni, who was aged about 5 years at the time of the incident. The deceased Satyabhama was pregnant of about 8 1/2 months. The maternal home of the deceased Satyabhama was at village Pargaon, Tq. Bhoom, Dist.Osmanabad, while her matrimonial home was at village Mahakala, Tq. Ambad, Dist. Jalna. The distance between these two places is about 90 kms.;


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