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2009 Supreme(SC) 12

ARIJIT PASAYAT, MUKUNDAKAM SHARMA
Prem Kumar – Appellant
Versus
State of Rajasthan – Respondent


Advocates appeared:
For the Appellant :Doongar Singh, Anupam Mishra and V.J. Francis, Advocates.
For the Respondents:Naveen Kumar Singh and Aruneshwar Gupta, Advocates.

JUDGMENT

Dr. Arijit Pasayat, J. —

1. Challenge in this appeal is to the judgment of a learned Single Judge of the Rajasthan High Court at Jodhpur allowing the appeal filed by the State of Rajasthan questioning correctness of the judgment of acquittal passed by a learned Sessions Judge, Sriganganagar. The appellant and two others faced trial for alleged commission of offence punishable under Sections 306 and 304 Part-B of the Indian Penal Code, 1860 (in short the “IPC’) and Section 4 of the Dowry Prohibition Act, 1961 (in short ‘Dowry Prohibition Act’).

2. Prosecution version unfolded during trial is as follows:-

On 23-04-1988 at about 2.05 p.m., the accused Krishnalal lodged an oral report Ex.P/12 before Jagmalram (PW-11) SHO, Police Station Purani Abadi, Sri Ganganagar stating inter-alia that he was married with Smt. Raju, (hereinafter referred to as the deceased) in the year 1984 and his father had already died before 15 years back and since then he was living with his mother Prem Kanwar, the present appellant and uncle Puran Chand and he was not in service and thus was unemployed. On that day, he went out from his house for some work and when he returned back at about 1.30 p.m.







































































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