R.BANUMATHI, A.S. BOPANNA
Kashmira Devi – Appellant
Versus
State of Uttarakhand – Respondent
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
Smt. Shanti and Anr. Vs. State of Haryana AIR 1991 SC 1226 – Referred [Para 6]
Sanjay Kumar Jain Vs State Of Delhi (2011) 11 SCC 733 – Referred [Para 9]
Ashabai and Another Vs State of Maharashtra (2013) 2 SCC 224 – Referred [Para 9]
Kans Raj v. State of Punjab and Others (2000) 5 SCC 207 – Relied [Para 18]
Smt Shanti and Another v. State of Haryana (1991) 1 SCC 371 – Relied [Para 18]
Nallam Veera Stayanandam & Ors. Vs. The Public Prosecutor
Ashabai & Anr. Vs. State of Maharashtra (2013) 2 SCC 224 – Relied [Para 22]
State of Karnataka Vs. Suvarnamma & Anr. (2015) 1 SCC 323 – Relied [Para 23]
Hem Chand Vs. State of Haryana (1994) 6 SCC 727 – Relied [Para 24]
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