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2008 Supreme(SC) 1447

ARIJIT PASAYAT, MUKUNDAKAM SHARMA
Balwant Singh – Appellant
Versus
State of H. P. – Respondent


Advocates appeared:
For the Appellants :Varinder Kumar Sharma, Advocate.
For the Respondent:Naresh K. Sharma, Advocate.

Judgment

Dr. Arijit Pasayat, J. —

1. In this appeal challenge is to the Judgment of a learned Single Judge of the Himachal Pradesh High Court holding each of the appellants guilty of offence punishable under Section 498A of the Indian Penal Code, 1860 (in short the ‘IPC’) while setting aside the conviction and the sentence imposed in respect of Section 306 IPC.

2. Background facts in a nutshell are as follows :

The appellants-accused were tried for offences punishable under Sections 498A, 304B and 306 IPC. Accused No.1 Balwant Singh was father-in-law, accused No.4-Kanta Devi was mother-in-law, accused No.3-Ravinder Singh was brother-in-law and accused No.2-Anup Singh was husband of Renu Bala (hereinafter referred to as the ‘deceased’). The deceased was daughter of one Gurdayal Singh and Kamla Devi. She was married to A-2, Anup Singh on July 6, 1992 in accordance with the Hindu rites and rituals. After few days of her marriage, when Renu Bala visited the house of her parents, she complained as to how accused persons were treating her with cruelty by putting demands for refrigerator and scooter as dowry. It was alleged that on January 5, 1993, Kamla Devi, mother of Renu Bala came to know















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