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2020 Supreme(SC) 81

R.BANUMATHI, A.S. BOPANNA
Kashmira Devi – Appellant
Versus
State of Uttarakhand – Respondent


Advocates Appeared:
For the Appellant :Mr. M. P. Shorawala, Advocate
For the Respondent:Dr. Rajiv Nanda, Mr. Manish Kumar Vikkey, Advocates

JUDGMENT

A.S. Bopanna, J.

The instant appeal has been filed by the appellant assailing the impugned judgment and final order dated 29.06.2017 and 10.07.2017, passed by the High Court of Judicature at Nainital in Government Appeal No. 42 of 2010, whereby the High Court has allowed the appeal filed by the Respondent and set aside the acquittal of appellant passed by the trial court and convicted the appellant for the charges under Sections 304- B and 498-A IPC.

2. The case of the prosecution in brief is that the marriage between deceased/ Urmila @ Guddi and Proforma Respondent No.3/Jagdish Singh was solemnized four years back. At the time of the marriage dowry was given by parents of the deceased as per their financial capacity; despite the same the husband and inlaws of the deceased were not satisfied. Whenever deceased used to visit her paternal house, she used to complain about the harassment and brutal beating by her husband, father in law, mother in law i.e. Appellant/Kashmira Devi, brother of husband and brother's wife for non-fulfilment of demands for dowry, to PW-1/ Rajeshwari/ Mother of the deceased. In November, 2007 the deceased was severely beaten and harassed by the accused


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