MANIA Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) The present criminal appeal was filed on behalf of Mania who has expired and later on his wife namely Bhuri Bai has filed an application to continue the appeal on behalf of her husband. Subsequent to that, this Court after considering the contentions of the counsel for LRs of the deceased, has allowed and wife of the appellant is permitted to continue the appeal on behalf of Legal Representatives of the deceased.

(2.) This criminal appeal has been filed under Sec. 374 of Cr.P.C. by the appellant being aggrieved by the judgment dtd. 9/5/2000 passed by the learned 3rd Additional Sessions Judge, Ujjain in ST No.152/1999 whereby the appellant (deceased) has been convicted for offence under Ss. 376 and 448 of IPC and sentenced to undergo 07 years and 06 months years R.I. and fine of Rs.1000.00with default stipulations. However, the learned Court has acquitted the deceased from the charges under Sec. 506 of IPC alongwith other co-accused persons.

(3.) As per the prosecution story, on 29/7/1999 complainant Rattobai was resting in her house when applicant forcibly entered into the house of the complainant and committed rape upon her. Earlier also the applicant had tried to commit rape upon complainant against which she had lodged an FIR. Hence, the police party, after following due procedure, arrested the accused person and registered the case against the appellant. After due investigation, charge-sheet was filed against the appellant/accused under Ss. 376, 448 and 506(II) of IPC.