SHABBIR KHANPRADESH Vs. STATE OF MADHYA PRADESHOTHERS

JUDGEMENT

(1.) These appeals are directed against the judgment dated 23.09.2008 passed by the First Additional Sessions Judge, Gwalior (M.P.) in Sessions Trial No.50/2008.

(2.) Whereas, Criminal Appeal No.888/2008 is by the accused/convict, who having been found guilty of the offence under Section 306 IPC in respect of death of Rukhsana, his wife, had been sentenced for four years' RI with fine of Rs.1,000/- with default stipulation that if the fine is not paid then three months' additional RI. It is, however, informed by learned counsel for the appellant that though his sentence was suspended; but because he could not furnish the bail security, he has undergone the entire sentence and has since been released from the jail. In view whereof, it is stated that the appellant does not wish to prosecute the appeal. Consequently, Criminal Appeal No.888/2008 is disposed of, as not pressed.

(3.) As regard to Criminal Appeal No.519/2009, it is at the instance of the State against the acquittal of accused persons, viz. Daulat Khan, Smt. Minno Bai and Smt. Mango Bai from the charges under Sections 304B, 306 IPC. And against the acquittal of Shabbir Khan from the charge under Section 304B of IPC. It is pertinent to note that the accused Mango Bai died during pendency of appeal and her name was deleted from the array of respondents.