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2008 Supreme(Online)(MP) 10

MADHYA PRADESH HIGH COURT
A. K. Sethi, J
Sunderlal and Anpother v. State of Madhya Pradesh


Advocates:
For the Appellants: Shri Sharad Verma
For the Respondents: Shri Sudesh Verma

1. The appeal has been preferred by the accused appellants aggrieved by judgment dated 29-7-93 delivered by 2nd Addl. Sessions Judge, Mandla in S. T. No. 47/90 thereby convicting the appellants for commission of offence under S.302/34, IPC.

2. As per the prosecution case the marriage of deceased Padma Bai was performed with Sunderlal prior to three years. Father of deceased Padma Bai had given one acre of agricultural land at the time of marriage. After death of Dulichand, father inlaw and Rikhiram the father of deceased, dispute arose with respect to the mutation of name of deceased Padma Bai over the agricultural land. The incident took place on 3-2-89. Deceased used to be harassed by the accused persons due to non mutation of name over the agricultural land. Possession of the land was handed over to the in laws by the brothers of deceased Padma Bai and they started cultivating the land on crop sharing basis. Brothers of Padma Bai wanted mutation of land in the name of Padma Bai whereas family members of the accused wanted the mutation of land in the name of accused Sunderlal. On 2-2 89 and 3-2-89 quarrel took place, Padma Bai was beaten by Sunderlal, next day also she was beaten.


















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