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2002 Supreme(SC) 142

DORAISWAMY RAJU, N.S.HEGDE
Baburam – Appellant
Versus
State Of M. P. – Respondent


JUDGMENT

Santosh Hegde, J.-Deceased Bhagwan Devi was married to one Ram Kumar son of the appellant herein, it is stated by the prosecution that on 27-2.1988, the said Bhagwan Devi was found charred to death in the house where she was living with her husband, and at that time, the appellant was visiting them for about 3 days prior to the ghastly incident. After investigations, the Police filed a chargesheet against the appellant and his son under Sections 302 and 201 IPC and alternative charges were also framed under Section 306 read with Section 498A IPC. Almost all material witnesses examined by the prosecution had turned hostile and the trial court after considering the material on record came to the conclusion that the charges under Sections 201 and 302 were not proved against said Ram Kumar and the appellant and, therefore, acquitted them of the said charges. However, both the accused, namely, Ram Kumar and the appellant were found guilty of the charges under Sections 306 and 498A IPC and were sentenced to undergo RI for 3 years under each count and both the sentences were made to run concurrently.

2. Aggrieved by the said conviction and sentence imposed on them, the appell






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