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2015 Supreme(SC) 998

R.K.AGRAWAL, R.BANUMATHI
KHUMBHA RAM – Appellant
Versus
STATE OF RAJASTHAN – Respondent


JUDGMENT

R. BANUMATHI, J.

This appeal by special leave has been filed against the common order dated 03.02.2010 passed by the Jodhpur Bench of the Rajasthan High Court in Leave to Appeal Application No.294/2009 and Criminal Revision Petition No.584/2009 whereby the High Court dismissed both leave to appeal as well as the revision petition thereby confirmed the order of acquittal dated 24.03.2009 passed by the Additional Sessions Judge (Fast Track), Balotara in Sessions Case No.71/2008 whereby the accused-respondents were acquitted of the charges punishable under Sections 498A, 304B IPC alternatively under Section 302 IPC.

2. The factual background which led to the filing of this appeal are as under:-Marriage of second respondent-Bhanwara Ram and the appellant’s daughter Kamla (since deceased) was solemnized on 27.05.2007 and Kamla remained peacefully in her in-laws house for sometime. It is alleged that within short while thereafter, her in-laws started to treat her with cruelty in connection with demand of dowry. On 27.07.2008, appellant sent his son Jetha Ram (PW-5) to bring back his daughter and Kamla was brought back to her parents house. Within two weeks thereafter i.e. on 09.


















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