1 FARAD CONTINUATION SHEET NO. IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD CRIMINAL REVISION APPLICATION NO. 170/2010 VITTHAL BABURAO RAUT AND OTHERS VERSUS THE STATE OF MAHARASHTRA AND ANOTHER Mr. Amol S. Sawant, Advocate for applicants. Mr. T.S. Lodhe, A.P.P. for respondent No.1/State. CORAM : A.V. NIRGUDE, J. Date : 8th September, 2010 PER COURT:- 1 Heard. 2 After hearing the submission of the learned Advocate appearing for the applicants for some time and after perusal of the record, specially the statements of the witnesses recorded under Section 162 of Cr.P.C., I realized that all the applicants could be charged under Section 498-A read with Section 34 of Indian Penal Code. The learned advocate brought to my notice the fact that on the date of incident, the applicant Mangalabai was not residing at the house of the applicant No.1 and since she was not present in the house during the night when the incident of murder took place, she cannot be charged 2 under Section 302 of Indian Penal Code. In view of this, while dismissing revision application, I am granting liberty to the applicant No.3 Mangalabai to make a separate application to the trial Court for not framing charge under Section 302 of Indian Penal Code against her. ORDER a) The application stands dismissed. b) Liberty is granted to the applicant No.3 Mangalabai to make a separate application to the trial Court for not framing charge under Section 302 of Indian Penal Code against her. [A.V. NIRGUDE, J.] ts k/cra170.10