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2006 Supreme(All) 1081

M.C.JAIN, V.D.CHATURVEDI
STATE OF U. P. – Appellant
Versus
RAMA SHANKER KUSHWAHA – Respondent


Advocates appeared:
R.K. Singh, R.P. Dubey and for the Appellant; Khursheed Alam, Samit Gopal, B.N. Singh and Umesh Vats for the Respondents.

JUDGMENT

Hon’ble M.C. Jain, J.—The State has preferred this appeal against the judgment dated 10.10.2000 passed by VI Additional Sessions Judge, Deoria in Sessions Trial No. 297 of 1998. It is a case of bride’s death (Bachiya Devi wife of accused respondent No. 2 Ram Deo son of accused respondent No. 1 Rama Shankar). The accused respondent No. 3 Shyam Deo is elder brother of the husband of the deceased whereas accused respondent No. 4 Smt. Simarajiya is her mother-in-law. The accused respondent No. 5 Anirudh Brahm Deo was uncle-in-law of the deceased who died during the pendency of the appeal which came to be abated against him under order dated 4.10.2005.

2. We first give a resume of the broad essentials of the case. The incident took place on 9.6.1998 at about 4 A.M. in the Sasural of the deceased situated in village Chhitrauli, P.S. Khampar, District Deoria. The F.I.R. was lodged on 10.6.1998 at 10.30 P.M. by Kishun Deo Kushwaha PW 1-brother of the deceased. The deceased had been married with Ram Deo about four years before the incident on 24.6.1994. Her Gauna had been performed three years later. She lived in her Sasural thereafter for about one year but during this period s















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