PW/13 Nehar Singh has also stated about the manhandling by brother-in-laws of appellant. The PW/9 Sahdev has also stated about the fighting by father and brother-in-laws with the appellant. He would further submit that DW/2 Bindu who is daughter of the present appellant has also narrated the event and manhandling by her maternal uncles to her father and also falling of her sister in the well on account of assault by her maternal uncles. He would further submit that appellant has also narrated the incident in his defence while examination under 313 CrP.C. but the trial Court has not taken into consideration while convicting the appellant, therefore, the conviction is against the well settled legal position that the Court cannot ignore the defence taken by the appellant under Section 313 Cr.P.C. and would pray for the quashing of the judgment of conviction dated 27.09.2002. Learned counsel for the appellant to substantiate his submission has highlighted the provisions of Section 313 Cr.P.C. and would submit that trial Court has not considered the defence taken by the accused under Section 313 Cr.P.C. which is valuable right of the accused, therefore, his conviction is bad in law and would pray for allowing the appeal. To substantiate his submission he would refer to the judgment of the Hon'ble Supreme Court in case of Jai Prakash Tiwari vs. State of Madhya Pradesh1
