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2011 Supreme(Chh) 89

PRITINKER DIWAKER
GHIRDHAR SAHU – Appellant
Versus
STATE OF M. P. – Respondent


Advocates Appeared:
Shri Pankaj Shrivastava, Advocate, for the Appellant.
Shri Vaibhav Goverdhan, Panel Lawyer, for the State.

JUDGMENT

1. This appeal is directed against the judgment and order dated 14.08.98 passed by Additional Sessions Judge, Rajnandgaon, in Sessions Trial No. 127/ 97 convicting the accused/appellant for the offences punishable under Sections 306 and 498-A of the Indian Penal Code and sentencing him to undergo simple imprisonment for ten years and pay fine of Rs.1000 u/s 306 and simple imprisonment for three years and pay fine of Rs. 1000 u/s 498-A IPC, plus default stipulations.

2. Facts of the case in brief are that marriage of the deceased namely Asha Bai was solemnized with the accused/appellant herein about 2 years prior to the date of incident i.e. 05.07.97. It is alleged that on 5.7.1997 the deceased died in her matrimonial house after sustaining 100% bum injuries. Merg intimation Ex. P-2 was given to the police on that day itself and after merg investigation FIR Ex. P-16 was registered on 8.7.1997. Challan was filed on 28.07.97 u/s 306 of I.P.C. However, trial Court framed the charges against the accused/ appellant on 18.10.1997 under Sections 498-A, 306 and 304-B IPC.

3. So as to hold the accused/appellant guilty, prosecution has examined as many as 13 witnesses in support of its










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