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2023 Supreme(Online)(MP) 27300

MADHYA PRADESH HIGH COURT
, J
Jitendra Kumar v. State of M.P.


Advocates:
For the Appellants/Petitioners: Shri Goyal
For the Respondents: State Counsel

1. The instant Criminal Appeal under S.374 of CrPC has been preferred challenging the judgment of conviction and order of sentence dated 26-09-2003 passed by Additional Sessions Judge, Dabra, District Gwalior in Sessions Trial No. 420 of 2002, whereby the appellants have been convicted under S.304 - B, 498 - A of IPC and sentenced to undergo seven - seven years rigorous imprisonment and not sentenced them separately under S.498 - A of IPC.

2. It is not out of place to mention here that connected Criminal Appeal No.543 of 2003 : (AIROnLine 2018 MP 1544) filed by the father - in - law of deceased, namely, Rambharosa has been abated as dismissed vide order dated 23-02-2018 passed by the Division Bench of this Court on account of death of Rambharosa on 06-08-2017.

3. So far as appellant No.1 Jitendra Kumar who is the husband of deceased is concerned, an intimation dated 01-07-2022 has been received from the Superintendent, Sub-Jail, Dabra, District Gwalior mentioning the fact that appellant No.1 Jitendra Kumar has already suffered the jail sentence awarded by the trial Court and therefore, he has been released. Accordingly, his appeal has become infructuous.

4. Now, this Court thinks appr










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