Allowed

The State of Maharashtra v. Dinesh Balasaheb Kalbhor and Ors.

Bombay HC13 Sept 2019APEAL/922/2002

Case brief

AI extract

What is this about?

The High Court convicted the accused under Section 498-A IPC due to conduct likely driving his wife to suicide. On appeal, the court sentenced him to one year rigorous imprisonment, denied probation, but granted three weeks to surrender.

What did the court decide?

Sentence of one year rigorous imprisonment imposed; probation denied; three weeks time granted to surrender.

The State of Maharashtra Vs Dinesh Balasaheb Kalbhor… — Matrimonial and Divorce | Bombay HC (2019)

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(904) APEAL 922-02

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION

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Amk

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CRIMINAL APPEAL NO. 922 OF 2002

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The State of Maharashtra .. Appellant Vs. Dinesh Balasaheb Kalbhor & Ors. .. Respondents

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Mr. H. J. Dedhia, APP for the Appellant-State. Mr. S. P. Kadam for Respondent Nos.1 to 4. Mr. Dinesh Balasahebn Kalbhor-Accused No.1 present in person.

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CORAM : PRADEEP NANDRAJOG, C.J. & SMT. BHARATI DANGRE, J. DATE : 13th SEPTEMBER, 2019.

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P. C. :

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Allowing the Appeal filed by the State against Accused No.1(Dinesh) we had held him guilty for the offence punishable under Section 498-A IPC. The evidence on which the conviction has been based is that conduct of A-1 was not only willful but was of such nature as was likely to drive his wife to commit suicide. The unfortunate lady consumed pesticide within six months of her marriage and at that time was an expectant mother.

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Learned Counsel for A-1 seeks a softer sentence pointing out that arrested on 12.11.1998. A-1 was admitted to bail on 02.03.1999. He suffered incarceration for 110 days. After the demise of his first wife, he remarried and is blessed with a daughter and son who are studying in Class X and V. He has aged parents to look after. Learned Counsel

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(904) APEAL 922-02

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prays that sentence to undergo imprisonment for the period already undergone would suffice and alternatively prays that the accused be granted benefit of Section 360 Cr.P.C.

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Learned Public Prosecutor urges that for the mental trauma caused to the deceased which took away sunshine and hope from her life compelling her to commit suicide, softer sentence would be a travesty of justice.

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Noting that the maximum sentence for the offence punishable under Section 498-A IPC is imprisonment for 3 years, balancing the social responsibility of A-1 as also the legislative purpose for enacting Section 498-A IPC, we sentence A-1 to undergo R.I. for a period of one year.

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We do not suspend the sentence and deny him benefit of probation but give A-1 three weeks time to surrender.

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[SMT. BHARATI DANGRE, J.]

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[CHIEF JUSTICE]

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The State of Maharashtra v. Dinesh Balasaheb Kalbhor and Ors.

Case brief

What is this about?

What did the court decide?

The State of Maharashtra v. Dinesh Balasaheb Kalbhor and Ors.

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

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