AKLAK AHMED FAKRUDDIN PATEL Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) The Applicant-accused has challenged the order of the Sessions Court in Case Nos.484 of 1998 and 1328 of 1996 directing that both the cases should be merged and a common charge was framed on 16th April 2010.

(2.) The Applicant along with his parents came to be charged with offences under Sections 498-A and 306 read with Section 34 of the Indian Penal Code (IPC) upon an FIR being filed in that behalf. The Applicant also came to be charged under Section 302 read with Section 304-B of the IPC and Sections 3 and 4 of the Dowry Prohibition Act under a private complaint filed against him. Both the complaints related to the same transaction of he having abetted the suicide of his wife and he having ultimately murdered her.

(3.) The parents of the Applicant have been discharged in the criminal case filed upon the FIR lodged with the Police. The Applicant, therefore, alone faces trial. He faces trial under the aforesaid two sections for the aforesaid two offences but within the course of the same transaction.