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2016 Supreme(MP) 822

J.P.GUPTA
Bana Bai – Appellant
Versus
State of M. P. – Respondent


Advocates Appeared:
For the Appellants : Shri Manish Datt with Shri T.P. Jaiswal.
For the Respondent: Shri Akhilesh Singh.

JUDGMENT :

J.P. Gupta, J.

1. The appeal has been filed under section 374 (2) of the Code of Criminal Appeal by the appellants challenging the impugned judgment of conviction and order of sentence dated 27.10.2005 passed by the learned Additional Sessions Judge, Burhanpur (Presided by Smt. Premlata Bhavsar) in Sessions Trial No. 221/2004, whereby the appellants have been convicted under Section 306/34 of the IPC and sentenced to undergo RI for 7 years along with fine of Rs. 500/- with default stipulation as mentioned in the impugned judgment.

2. In brief, relevant facts of the case are that, on 12.7.2004 at about 12:30 pm in village Sagarwadi, Police Station Lalbag, District Burhanpur, deceased Bharti Bai and the appellants were gathered for filling water from the hand-pump where a quarrel took place between them, in which, the appellants used some filthy words against the deceased and said that she was a lady of bad character like prostitute and also asked to prove her good character and also provoke her to set ablaze herself. Thereafter, the deceased went to her house and poured kerosene on her and came out on the spot and set ablaze herself. Thereafter, her husband came on spot and





















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