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RAJANI DUBEY
Sawarath Ram S/o Subedar Ram – Appellant
Versus
State of Chhattisgarh – Respondent
JUDGMENT :
RAJANI DUBEY, J.
1. The present appeal arises out of the impugned judgment of conviction and order of sentence dated 07.10.2003 passed by the learned IInd Additional Sessions Judge (F.T.C.) Jashpur, District Jashpur (C.G.) in S.T. No. 04/2003 (Now 12/2003) whereby, the learned IInd Additional Sessions Judge convicted and sentenced the appellants as under:-
| S. No. | Conviction | Sentence |
| 1. | U/s 341/34 of IPC | S.I. for 1 month and fine of Rs. 500/- in default of fine additional S.I. for 7 days. |
| 2. | U/s 366/34 of IPC | R.I. for 5 years and fine of Rs. 1,000/- in default of fine additional S.I. for 1 month. |
2. Brief facts of the case are that the prosecutrix was married with appellant No. 1 Sawarath but before ‘GAUANA’ ceremony the appellant No. 1 and prosecutrix mutually agreed to reside separately and accordingly in the village meeting the appellant No. 1 and prosecutrix wrote a ‘CHHOD CHHUTTI LETTER’ (Ex.D/1). Thereafter, the prosecutrix was married with Manoj (PW-8) and she started to reside with him. On the date of incident i.e. 03.10.2002, she went
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