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2007 Supreme(SC) 899

D.K.JAIN, ARIJIT PASAYAT
Hazarilal – Appellant
Versus
State of M. P. – Respondent


JUDGMENT

Dr. ARIJIT PASAYAT, J.—

1.Appellant calls in question legality of the judgment rendered by a learned Single Judge of the Madhya Pradesh High Court, Jabalpur. Appellant along with his mother Smt. Sumatrani faced trial for alleged commission of offence punishable under Sections 304-B and 498A of the Indian Penal Code, 1860 (in short the ‘IPC’). The learned second Additional Sessions Judge, Sagar, in Sessions Case No.125 of 1990, held the accused persons guilty and convicted each for offence punishable under Sections 304B and 498A IPC and imposed sentence of 10 years and 3 years respectively with fine of the second offence.

2.Dashoda Bai (hereinafter called as ‘deceased’) was the daughter of Asha Ram (PW-1) and Parvati Bai (PW-2). According to the prosecution she committed suicide by burning herself on 28.8.1989 in the house of her husband. About 10 days before the occurrence she was blessed with a son.

3.Prosecution version in a nutshell is as follows :

“In January, 1989 Dashoda Bai came to the house of her parents and told them that now she would not go to the place of her in-laws because she was being harassed by her mother-in-law and being beaten by her husband. She had al








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