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1993 Supreme(SC) 862

K.JAYACHANDRA REDDY, G.N.RAY
State Of W. B. – Appellant
Versus
Orilal Jaiswal – Respondent


Advocates:
ASIM MALHOTRA, B.B.TAVAKLEY, D.K.SINHA, D.N.MUKHERJI, P.S.POTI, R.K.JAIN, S.C.GHOSH

Judgment

G.N. RAY, J.:- This appeal has been preferred by the State of West Bengal against the judgment of acquittal dated May 14, 1990 passed by the Division Bench of the Calcutta High Court in Criminal Appeal No. 195 of 1990. By the aforesaid judgment, the conviction and sentences against the accused, Sri Orilal Jaiswal and his mother, Smt. Gujarati Debi Jaiswal, passed by the learned Sessions Judge, 12th Bench of the City Sessions Court, Calcutta on February 29, 1990 in Sessions Trial No. 1 of 1990 was set aside by the High Court and the accused were acquitted of the conviction under S. 306 read with S. 34, IPC. and sentence of 5 years rigorous imprisonment and fine of Rs. 1000/- in default simple imprisonment for 3 months and conviction under S. 498A read with S.34, IPC and, sentence of one year rigorous imprisonment, and a fine of Rs. 1000/- in default to suffer simple imprisonment for three months.

The prosecution case in short is that Usha Jaiswal had committed suicide by hanging on April 19, 1986 in the house of her husband and the in-laws within a year from the date of marriage which was solemnised between Usha Jaiswal and the accused No. 1, Orilal Jaiswal on May 31, 1985. I





























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