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2019 Supreme(SC) 494

N.V.RAMANA, S.ABDUL NAZEER
Jagdishraj Khatta – Appellant
Versus
State of Himachal Pradesh – Respondent


Advocates Appeared:
For Appellant(s) : Mr. Nitin Sangra, Adv. Mr. Gaurav Agrawal, AOR
For Respondent(s): Mr. Abhinav Mukerji, AOR Mrs. Bihu Sharma, Adv. Ms. Pratishtha Vij, Adv.

JUDGMENT :

N.V. RAMANA, J.

1. These appeals are directed against judgment and order dated 09.01.2008 and 27.02.2008, passed by the Division Bench of the High Court of Himachal Pradesh at Shimla in Criminal Appeal No. 356 of 1993, whereby the appeal preferred by the State of Himachal Pradesh was allowed and the judgment and order dated 03.04.1993 passed by the Additional Sessions Judge, Kangra, Dharamshala, Himachal Pradesh, acquitting the appellant-accused for offences under Sections 498A and 306 of the IPC and Section 30 of the Indian Arms Act, was set aside.

2. The case of the prosecution in brief is that the appellant, who was posted as the Forest Range Officer at Jawalamukhi, at the relevant time, was residing with the deceased (his wife) and two minor children. On 07.01.1990, at about 10 a.m. within seven years of the deceased’s marriage with the appellant, the deceased used the appellant’s gun to kill herself. On receiving information about her death, the deceased’s mother, cousin, brother in law and father’s neighbor went to Jawalamukhi and the inquest report was prepared in their presence. After the funeral ceremonies were completed, on 08.01.1990 at around 11 p.m., the deceas










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