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Volume No - 6 Issue No - 19
The allegation of cruelty meted out by the appellant against the deceased appears for the first time at the time of filing the FIR, after a delay of nearly one and a half days. Further, the prosecution did not even examine any neighbor of the appellant and the deceased to substantiate the allegation that the appellant illtreated the deceased. In the aforesaid circumstances, the appeals are allowed, and the impugned judgment and order of the High Court are set aside. The judgment and order of the Trial Court, acquitting the appellant herein, is therefore affirmed.