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2008 Supreme(MP) 45

A.K.SHRIVASTAVA, S.C.SINHA
Lakhanlal – Appellant
Versus
State of M. P. – Respondent


Advocates:
D.C. Jain for appellant;
R.S. Patel, Additional Advocate General, for State.

JUDGMENT

Shrivastava, J. -- 1. Feeling aggrieved by the judgment of conviction and order of sentence dated 6.8.1997 passed by learned I Additional Sessions Judge, Tikamgarh in ST No.63/94 convicting the appellant under sections 302, 201 and 498A of PC and sentencing him to suffer life imprisonment, 3 years RI respectively, the appellant has preferred this appeal under section 374(2) of the Code of Criminal Procedure, 1973.

2. In brief the prosecution's case is that Savitri Bai (hereinafter referred to as deceased) is the wife of appellant. Their marriage took place in the year 1987. The behaviour of appellant was cordial with the deceased upto 3-4 years of the marriage, but, thereafter appellant started ill-treating the deceased and was causing marpeet as well as taunting on her. It is also the case of the prosecution that appellant was making a demand of Rs.5,000/- watch, radio, cycle, etc.

3. In between the night of 28/29.3.1994 appellant caused marpeet to the deceased. It is the further case of prosecution that in between the night of 28/29.3.1994 at 4:00 a.m. appellant went to evacuate and deceased was preparing tea on the stove. Accidentally her sari caught fire from flame of the

























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