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2012 Supreme(Chh) 328

PRITINKER DIWAKER
GAUTAM CHATTERJI – Appellant
Versus
STATE OF M. P. – Respondent


Advocates:
Advocate Appeared:
For the Appellant : P.K. Verma, with Mr. Arun Kochar.
For the Respondent: Pravin Das, Dy. G.A.

JUDGMENT :

PRITINKER DIWAKER, J.

1. This appeal has been preferred against the judgment and order dated 20.11.1996 passed by Additional Sessions Judge, Durg, in Sessions Trial No. 131/1996 convicting the accused/appellants u/s 498-A & 304-B IPC and sentencing each of them to undergo rigorous imprisonment for ten years u/s 304-B only. In the present case the name of the deceased is Sangeeta wife of accused/appellant No. 1 herein namely Gautam Chatterji. Their marriage had taken place on 29.01.1994 and on 19.12.1994 the deceased suffered 80% burn injuries and succumbed to the same on 20.01.1995. Accused/appellant No. 2 was the father-in-law of the deceased whereas accused/appellant No. 3 is mother-in-law of the deceased. During pendency of this appeal accused/appellant No. 2 has expired. On 19.12.1994 the deceased was hospitalized after suffering 75% burn injuries. On 20.12.1994 case u/s 309 IPC was registered against the deceased vide Crime No. 587/94 and after investigation of the said case on 20.01.1995 FIR Ex. P/25 was registered against the accused persons u/s 498-A IPC. Deceased was medically examined vide Ex. P/12 by Dr. Harendra Shah (PW-8) and her dying declaration (unexhibite


















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