(1.) This appeal is at the instance of the State of Madhya Pradesh and is directed against the judgment and order dtd. 29/6/2010 passed by the High Court of Madhya Pradesh of judicature at Gwalior in Criminal Appeal No. 524 of 2004 ('Impugned Order') whereby the High Court allowed the appeal filed by the respondent herein and acquitted him of the offence under Sec. (s) 302, 201 and 34 respectively of the Indian Penal Code, 1860 (for short, the 'IPC').
(2.) The deceased, namely, Birendra Kumari was married to the respondent accused. In the wedlock, two sons and a daughter named Rani were born. Rani at the time of the incident in 2003, was seven years of age.
(3.) On 15/7/2003 sometime during the midnight, Bhoora Singh alias Yashpal i.e., the complainant along with his father Bharat Singh; the maternal cousin brother of the deceased's father, heard cries and screams of the deceased coming from the house of the accused. After some time, the screams of the deceased stopped. At about in the morning, they learnt from the other inhabitants of the village that the deceased had died during the night and that her body had been cremated.
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