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2005 Supreme(MP) 903

AJIT SINGH
Sulekha Mishra – Appellant
Versus
Purushottam Lal Sharma – Respondent


Advocates:
Ramesh Kumar for petitioner; Vinay Pandey for respondent No.2; J.K. Jain, Govt. Advocate for respondents No.3 to 5.

JUDGMENT

This revision is directed against the order dated 13.12.2004 passed by the 6th Additional Sessions Judge, Jabalpur, in Sessions Trial No. 443/2004 whereby he has rejected the application of the petitioner filed under section 173 (8) of the Code of Criminal Procedure, 1973.

One Prabha Tiwari, an aged lady, was found murdered in her house in Jabalpur on 9.12.2003. The petitioner is her daughter. The first information report of the incident was lodged by her close relation Rajendra Solakia on the same day at Police Station Kotwali, District Jabalpur. The respondents No. 1 and 2 are being tried for the murder of Prabha Tiwari who lived alone.

The respondents No. 1 and 2 are husband and wife. They have two children namely Sunny and Iti. They belong to Raipur town, which is now in the State of Chhattisgarh. Even so the respondent No. 1 married Bharti, daughter of deceased Prabha Tiwari, at Jabalpur concealing the fact of his subsisting marriage with respondent No.2 and posing himself to be a widower. The marriage is said to have been performed on 19.11.2003 in the Sai Baba Temple, Civil Lines, Jabalpur. Bharti, after marriage, went with respondent No. 1 to Raipur. There she m







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