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2011 Supreme(MP) 1413

P.K.JAISWAL, I.S.SHRIVASTAVA
NANNOOLAL – Appellant
Versus
STATE OF M. P. – Respondent


Advocates:
Advocate Appeared:
For the Appellant : R. K. Trivedi
For the Respondent: C. R. Karnik

JUDGMENT :

I. S. SHRIVASTAVA, J.

1. This appeal has been preferred being aggrieved by the judgment dated 4-9-2001 passed by the Court of Shri V. P. S. Chouhan, Additional Sessions Judge, Narsinghgarh, Distt. Rajgarh (Biaora) in S.T. No. 77/2001, by which the appellant has been convicted under Section 302 of the Indian Penal Code with life imprisonment along with fine of ` 2,000/-, in default of payment of fine to further undergo additional simple imprisonment of six months and under Section 203 of the Indian Penal Code with rigorous imprisonment for one year.

2. According to the prosecution story, on 14-3-2001, at 6.10 a.m., Nannoolal lodged the report in the Police Station, Kuravar that in the last evening at about 7.00 p.m. he and his wife returned home from factory. He inquired from his wife Tulsibai that in the way to whom she was talking. She replied why he had suspicion without any reason on her then Nannoolal told that he has seen her several times. On this point Tulsibai started altercation, hence Nunnoolal gave her two slaps. Thereafter, Tulsibai cooked the food and Nannoolal and his children after having dinner slept. At about 4.30 a.m. Nannoolal awoke and saw that his wife

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