SULEKHA MISHRA Vs. PURUSHOTTAM LAL SHARMA

JUDGEMENT

(1.) THIS revision is directed against the order dated 13-12-2004 passed by the 6th Additional Sessions Judge, Jabalpur, in Sessions Trial No. 443/2004 whereby he has rejected the application of the petitioner filed under Section 173 (8) of the Code of Criminal Procedure, 1973.

(2.) ONE Prabha Tiwari, an aged lady, was found murdered in her house in Jabalpur on 9-12-2003. The petitioner is her daughter. The First Information Report of the incident was lodged by her close relation Rajendra Solakia on the same day at Police Station Kotwali, District Jabalpur. The respondent Nos. 1 and 2 are being tried for the murder of Prabha Tiwari who lived alone.

(3.) THE respondent Nos. 1 and 2 are husband and wife. They have two children namely Sunny and Iti. They belong to Raipur Town, which is now in the State of Chhattisgarh. Even so the respondent No. 1 married Bharti, daughter of deceased Prabha Tiwari, at Jabalpur concealing the fact of his subsisting marriage with respondent No. 2 and posing himself to be a widower. The marriage is said to have been performed on 19-11-2003 in the Sai Baba Temple, Civil Lines, Jabalpur. Bharti, after marriage, went with respondent No. 1 to Raipur. There she met the respondent No. 2 and the two children Sunny and Iti. She was told that the respondent No. 2 was the wife of elder brother of respondent No. 1.