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2024 Supreme(MP) 428

G. S. AHLUWALIA
Bhersiya – Appellant
Versus
State of M. P. – Respondent


Advocates:
Pravin Kumar Newalkar for appellant; Amit Rawal, Government Advocate for respondents/State.

JUDGMENT

1. This Criminal Appeal under section 374 of Cr.P.C. has been filed against the judgment and sentence dated 20.1.2001 passed by A.S.J. Kukshi, District Dhar in S.T. No.89/2000, by which, the appellant has been convicted under section 304 part II of I.P.C and has been sentenced to undergo 5 years R.I. and fine of Rs. 1000/- with default imprisonment of 4 months R.I.

2. The prosecution story, in short, is that on 23.12.1999 the complainant Idlibai lodged a report that on 22.12.1999 she, her husband Bhuchariya were in their house. The appellant came there and insisted that her husband should settle his account. At that time she was preparing Chapatis. On the question of money, the appellant started abusing deceased in the name of mother and sister and started pelting stone on her husband Bhuchariya. One stone landed on the upper side of left parietal region of Bhuchariya and another stone landed on the left ear. Bhuchariya raised an alarm, therefore, Tersingh, Phula and Balu came rushing and saw that the appellant was scuffling with deceased Bhuchariya. The appellant thereafter scolded her husband that he should settle down the money dispute, otherwise he would kill her husba

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