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Bombay High CourtABA/114/2019rejected

Shivaji Babanrao Deshmukh v. State Of Maharashtra Thr. Its P.S.O., P.S. Washim(Rural),

2019-02-25Hon'Ble Shri Justice Murlidhar Ganpatrao Giratkar1 pages

aba114.19.O.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH, NAGPUR CRIMINAL APPLICATION (ABA) NO.114 OF 2019 (Shivaji Babanrao Deshmukh Vs. State of Maharashtra thr. PSO PS Washim (Rural), Tq. & Dist. Washim) --------------------------------------------------------------------------------------------------------------------------------- Office Notes, Office Memoramda of Coram, appearances, Court's orders of directions Court's or Judge's orders.

and Registrar's Orders.

--------------------------------------------------------------------------------------------------------------------------------- Shri R.S. Kurekar, Advocate for Applicant.

Shri H.R. Dhumale, APP for Non-Applicant/State. CORAM: M.G. GIRATKAR, J.

DATE: 25 th FEBRUARY, 2019.

Heard Advocate Shri Kurekar for the applicant. Perused the FIR, it appears that the applicant was demanding Rs.2,00,000/-. Deceased has committed suicide who had married with the applicant before one and half year back. From the perusal of FIR it appears that the death is unnatural and within seven years from the time of marriage. Therefore, material ingredients of section 304-B of IPC attracted the presumption is there under section 113-B of Indian Evidence Act. Hence, the applicant is not entitled for protection.

Application is rejected.

JUDGE NSN