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2021 Supreme(MP) 479

VIVEK RUSIA
Ramsingh – Appellant
Versus
State of M. P. – Respondent


Advocates:
Manoj Saxena for appellant; Aditya Garg, Panel Lawyer for respondent/State.

JUDGMENT

1. Today the case is fixed for consideration of I.A. No.5708 of 2020 for suspension of sentence and grant of bail.

Since the record of the trial Court has been received, hence with the consent of the parties, the appeal is heard finally.

This Criminal Appeal under section 374 of CrPC has been filed against the judgment and sentence dated 5.9.2019 passed by Additional Sessions Judge, Susner, District Shajapur in S.T. No.60/2019, thereby convicting the appellant for offence under section 307 and sentenced him to undergo the rigorous imprisonment of five years and fine of Rs.2000/-, in default to undergo rigorous imprisonment of 6 months.

2. As per prosecution story, the complainant/ injured (Anshubai) lodged a Dehati Nalish on 5.12.2018 near about 08:10 that she is resident of Village Bheelkhedi and her husband Ramsingh i.e. present appellant used to doubt over her character, therefore, she has started living separately alongwith her two sons in a rented house situated at Govindpura Nalkheda. She was working in a private school. Today, i.e. 5.12.2018, she was returning from school, near about 6:00 pm, when she reached infront the house of Prem Rathore, her husband met and deman

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