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2009 Supreme(MP) 979

R.C.MISHRA
Jamnalal Pande – Appellant
Versus
State of Madhya Pradesh – Respondent


Advocates Appeared:
Surendra Singh, Umesh Shrivastava, R.P.Tiwari

Judgment

( 1. ) The appellant stands convicted and sentenced as under with the direction that both the custodial sentences shall run concurrently- Convicted under Section Sentenced to 306 of the IPC undergo R. I. for 7 years and to pay fine of Rs. 1000/- and in default, to suffer R. I. for 6 months. 498A of the IPC undergo R. I. for 3 years and to pay fine of Rs. 1000/- and in default, to suffer R. 1. for 6 months. The corresponding judgment delivered on 13-1-1995 by Eighth Additional Sessions Judge, Bhopal in S. T. No. 283/1990 is the subject-matter of challenge in this appeal. By that judgment only, co-accused Vijay Kumar Pande, the younger brother of the appellant, was acquitted of the charges. Admittedly, no appeal has been preferred by the State against the order of acquittal.

( 2. ) The prosecution story, in short, may be narrated thus (i) Manju (since deceased) was the daughter of Vishnucharan Joshi (PW2) and Kamla Devi (PW3) and sister of Ghanshyam Joshi (PW5), who is the husband of Nirmala Joshi (PW17). Marriage of Manju was solemnized with the appellant on 20-6-1983. In the wedlock, they were blessed with a son and a daughter named as Akshay Kumar and Gulla. At the relevant







































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