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2009 Supreme(Del) 77

PRADEEP NANDRAJOG, ARUNA SURESH
State – Appellant
Versus
Ved Prakash Gupta – Respondent


Advocates Appeared:
Ms.Richa Kapoor, APP
Mr.Rajesh Mahajan, Advocate

PRADEEP NANDRAJOG, J.(Oral)

1. The State is aggrieved by the impugned judgment and order dated 11.4.2007 acquitting the accused of offences punishable under Sections 304- B/498-A/406/34 IPC.

2. The deceased Rekha was married to A-2 Anoop Gupta on 21.11.1996. She committed suicide on 28.2.2000. Statements of her father and brothers were recorded by the Sub-Divisional Magistrate because Rekha had died within seven years of her marriage. They stated that the husband of the deceased, her father-in-law A-1, her mother-in-law A-3 and her brother-in-law A-4 used to treat her with cruelty and used to torture her on account of bringing insufficient dowry in spite of the fact, they had spent lavishly at the wedding and due to said cause Rekha had committed suicide.

3. On the basis of the statements made by the father and brothers of the deceased, an FIR was registered under Sections 304-B/498-A/406/34 IPC. During investigation a diary, Ex.P-1, was recovered. The writing thereon is admittedly in the hand of the deceased; a fact admitted by the father and brothers of the deceased. A writing Ex.P-2 near the bed side of the deceased was found. It is not in dispute that the said writing is in th

















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