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2008 Supreme(SC) 1277

ARIJIT PASAYAT, P.SATHASIVAM, AFTAB ALAM
B. Venkat Swamy – Appellant
Versus
Vijaya Nehru – Respondent


Advocates appeared:
For the Appellant :M.N. Rao, Sr. Adv., Ms. Rita Kumari Gupta, A. Ramesh and Annam D.N. Rao, Advocates.
For the Respondents:D. Rama Krishna Reddy and Ms. T. Anamika, Advocates.
For the State :Mrs. D. Bharathi Reddy, Advocate.

Judgment

Dr. Arijit Pasayat, J. —

1.Challenge in this appeal is to the Judgment of the Division Bench of the Andhra Pradesh High Court directing acquittal of respondent no.1 who was convicted for alleged commission of offences punishable under Section 498A and 302 of the Indian Penal Code, 1860 (for short ‘IPC’). Respondent hereinafter referred to as the ‘accused’) and his mother faced trial for alleged commission of offence punishable under Section 498A IPC. In addition, respondent-accused was found guilty of offence punishable under Section 302 IPC and Section 4 of the Dowry Prohibition Act (in short ‘DP Act’). The learned Sessions Judge, Kurnool, found that the accusations against A2 i.e. mother of the respondent - accused were not established and she was acquitted of the charges. However, respondent-accused was found guilty of the offence punishable under Sections 498A, 302 IPC and Section 4 of the DP Act.

2.Prosecution version in a nutshell is as follows :

Prosecution witnesses are the residents of Kurnool. A-1 is the resident of Hyderabad. PWs. 1 and 2 are the parents of Shreelakshmi (hereinafter referred to as the ‘deceased’). PW3 the brother of PW.1 and PW.7 is the sister of PW






































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