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1997 Supreme(Raj) 568

MOHD.YAMIN
Ramesh Chandra – Appellant
Versus
State of Rajasthan – Respondent


Advocates Appeared:
Manish Shishodia, for Petitioner Pradeep Shah, for Respondent no.2 D.R. Bohra, P.P.

Honble YAMIN, J.–This is a petition under Section 482 Cr.P.C. against the order dt. 30.1.96 passed by the learned Sessions Judge, Rajsamand in Cr.Regular Case No. 14/96 pending in the Court of the Chief Judicial Magistrate, Rajsamand.

(2). I have heard learned counsel for the petitioner as well as counsel for non petitioner No.2 Smt. Tamu Bai and the learned Public Prosecutor.

(3). Facts may be briefly stated. Smt. Lila was admitted in General Hospital, Udaipur and she gave statement to the Station House Officer, Rajsamand on 10.1.94 to the effect that she was married to Madhav Lal and was happily living with him. Smt.Tamu Bai was her mother-in-law. She used to harass her and even gave beatings on account of house hold chores. She decided to live separately in the same house. On 15.1.94 when she was cooking vegetables in kitchen, she poured kerosin oil from the stove and burnt herself. After investigation challan was presented under Section 306 and 498-A of Indian Penal Code. The case was committed to the learned Sessions Judge and after hearing arguments on charge, he discharged the petitioner from the offence under Section 306 IPC but found that a case under Section 498-A IPC was m






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