SHAMBHUDAYAL Vs. STATE OF M.P.

JUDGEMENT

(1.) The judgment passed in this appeal shall also govern the disposal of connected Criminal Appeal No. 300/2000 (State of M.P. Vs. Shambhudayal & another) and Criminal Revision No. 711/2004 (Mahavir Prasad Vs. State of M.P. & another) since they have arisen from the same incident.

(2.) Criminal appeal No. 13/2000 has been filed by the appellants under Section 374 of the Code of Criminal Procedure, 1973 (for brevity 'the code of 1973') being aggrieved with the judgment of conviction and order of sentence dated 20.12.99 passed by the Ist ASJ, Bhind, in S.T. No.63/99 convicting the appellants under Section 498-A of the Indian Penal Code, 1860 (for brevity 'the code of 1860') and sentencing them to undergo 3 years R.I. with fine of Rs.3,000/- and Criminal Appeal No. 300/2000 has been filed by the State of Madhya Pradesh under Section 378 of the code of 1973 after taking leave of this Court against the same judgment acquitting accused-Shambhudayal and Ashok Kumar of the charge under Section 304-B in the alternative under Section 302 of the code of 1860.

(3.) Criminal Revision No. 711/2004 has been preferred by the revisionist/ complainant being aggrieved with the judgment of acquittal dated 10.9.2004 passed by the First ASJ, Bhind, in separate S.T. No.63/99 acquitting accused/Vidya Devi of the charges under Sections 498-A and 304-B in the alternative under Section 302 or 302/34 of the code of 1860.