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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD
12 CRIMINAL APPLICATION NO.1828 OF 2019
IN APEAL/568/2019 WITH APEAL/568/2019
GORAKSHNATH @ GORAKH DADASAHEB AAGAM
VERSUS
THE STATE OF MAHARASHTRA
…
Advocate for Applicant : Mr. Kuldip S. Kahalekar h/f Mr. Chatterji Joydeep
APP for Respondent : Mr. S.M. Ganachari.
CORAM : ARUN M. DHAVALE, J
DATE : 01/07/2019
PER COURT :
1. The appellants No. 2 and 3 convicted under section 498A
read with Sectionsection 34 of the Indian Penal Code with imprisonment for
three years and are released on bail as their sentence was suspended.
As far as appellant/accused No. 1 is concerned the learned Trial Judge
has awarded sentence of 10 years rigorous imprisonment and fine of
Rs. 1000/- for offence under Sectionsection 304B of the Indian Penal Code.
2. It appears that the deceased met with an homicidal death
inside the house by throttling. But there is no conviction under Sectionsection
302 of the Indian Penal Code.
3. Learned APP Mr. Ganachari submits that he has received
proposals for enhancement of sentence against acquittal of accused No.
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2 and 3 for offence under Sectionsection 304B read with Sectionsection 34 of the
Indian Penal Code and for conviction to all the accused under Sectionsection
302 of the Indian Penal Code.
4. Considering the facts, the hearing of bail application is
deferred for two weeks.
5. Stand over to 15.07.2019.
(ARUN M. DHAVALE, J)
mkd
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