DORAISWAMY RAJU, ARIJIT PASAYAT
State of Madhya Pradesh – Appellant
Versus
Sanjay Rai – Respondent
Judgment
Arijit Pasayat, J.—State of Madhya Pradesh calls in question legality of the judgment rendered by a Division Bench of the Madhya Pradesh High Court directing acquittal of the respondent by upsetting judgment of conviction recorded by the Trial Court. The Trial Court found the respondent (hereinafter referred to as ‘the accused’) guilty of offences punishable under Section 302 of Indian Penal Code, 1860 (in short ‘the IPC’) and sentenced to undergo life imprisonment and a fine of Rs. 200/- in addition to sentence of three years RI imposed for offence punishable under Section 201 IPC and fine of Rs. 200/- with default stipulation for fines.
2. Prosecution version in a nutshell is as follows:
Anita Bai (hereinafter referred to as the ‘deceased’) was married to the accused on 14.12.1990 at Allahabad (U.P.) whereafter she came to Dhanpuri along with the accused on 15.12.1990. Anita Bai died on 25.12.1990 at Dhanpuri in her room in their house. Written report about the incident (Ex. P-14) was lodged by the accused at P.3. Amlai, District Shahdol on 25.12.1990 at about 11.40 p.m. It was reported in Ex. P-14 by accused Sanjay Rai that he had gone to the house of one Rajendra Sharm
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