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2014 Supreme(MP) 1369

S.K.GANGELE, S.K.PALO
State of M. P. – Appellant
Versus
Ramkishan – Respondent


Advocates Appeared:
For the Petitioner:Bhagwan Raj Pandey, Public Prosecutor and Madhukar Kulshreshtha, Advocate.
For the Respondents:Madhukar Kulshreshtha, Advocate and Bhagwan Raj Pandey, Public Prosecutor.

JUDGMENT

S.K. Palo, J.

1. Criminal Appeal No. 198/2001 and Criminal Appeal No. 119/2002 have arisen out of the same judgment dated 30th March, 2001 passed by the Sessions Judge, Bhind in S.T. No. 13/92, whereby the learned trial Court has convicted appellant Manoj under Section 304-B and 498-A of IPC. At the same time acquitted the accused Ramkishan and Sharda Devi on the same charges.

2. Feeling aggrieved by the judgment of conviction, appellant, Manoj has filed appeal under Section 374 of Cr.P.C. assailing and requesting for setting aside the judgment. Whereas, the State of Madhya Pradesh has filed Criminal Appeal No. 119/2002 under Section 378 of Cr. P.C challenging the judgment of acquittal of respondents Ramkishan and Sharda Devi.

3. It is not disputed that Rajni Saxena was married to appellant Manoj Shrivastava in June 1987 and respondents Ramkishan and Sharda Devi are the parents of the appellant Manoj Shrivastava. It is also not disputed that the accused persons are taken into custody on 22nd September, 1997 by memo of arrest Ex. P/23.

4. The facts transpired before the learned Trial Court are that on 10.9.1991 an information was sent by the District Hospital, Bhind to the Polic
























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