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2006 Supreme(SC) 932

ARIJIT PASAYAT, LOKESHWAR SINGH PANTA
Kailash – Appellant
Versus
State Of M. P. – Respondent


JUDGMENT

Arijit Pasayat, J.—Leave granted.

2. Challenge in this appeal is to the judgment rendered by a learned single Judge of the Madhya Pradesh High Court at Jabalpur dismissing the appeal of the appellant and maintaining his conviction and sentence as recorded by the trial Court.

3. Appellant faced trial for alleged commission of offences punishable under Section 498-A and 304-B of the Indian Penal Code, 1860 (in short the IPC) relatable to the death of his wife Uma Devi (hereinafter referred to as the ‘deceased’). He was found guilty by the trial Court and was sentenced to undergo rigorous imprisonment for ten years for the offence relatable to Section 304-B IPC but no separate sentence was imposed for the offence relatable to Section 498-A IPC though he was found guilty of the said offence. Smt. Shyam Bai who faced trial with the appellant was acquitted by the trial Court.

4. Prosecution case in a nutshell is as follows:

Appellant got married with the deceased on 4.5.1997. Acquitted accused Smt. Shyam Bai is the aunt of appellant. In the wee hours of 18.3.1999 the dead body of deceased was found floating in a well located in the house of the appellant. Thus, the death of Uma Devi
























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