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2012 Supreme(SC) 380

SWATANTER KUMAR, RANJAN GOGOI
Rajesh Bhatnagar – Appellant
Versus
State of Uttarakhand – Respondent


JUDGMENT

Swatanter Kumar, J.-Learned Second Additional District Judge, Haridwar, vide its judgment dated 2nd December, 1996 held all the three accused, namely, Mukesh Bhatnagar, Rajesh Bhatnagar and Smt. Kailasho @ Kailashwati, guilty of an offence punishable under Section 304B of the Indian Penal Code, 1860 (IPC) for causing the death of Smt. Renu motivated by nonpayment of dowry demands and sentenced all of them to undergo life imprisonment. Against this judgment, the appellants preferred an appeal before the High Court. The High Court vide its judgment dated 14th October, 2009 dismissed the appeal of all the accused confirming the conviction and order of sentence passed by the learned Trial Court. Aggrieved therefrom, two of the accused have preferred separate appeals. Criminal Appeal No.851 of 2010 has been preferred by the accused Rajesh Bhatnagar while Criminal Appeal No.850 of 2010 has been preferred by Mukesh Bhatnagar. As both these appeals arise from a common judgment, we shall dispose of these appeals by this common judgment. The prosecution filed a charge sheet in terms of Section 173 of the Code of Criminal Procedure, 1973 (Cr.P.C.). After completing the investigation














































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