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2012 Supreme(Del) 1023

S.RAVINDRA BHAT, S.P.GARG
STATE – Appellant
Versus
VIKAS SHARMA – Respondent


Advocates Appeared:
Mr.Sanjay Lao, APP.
SI Sachin Yadav, PS Subzi Mandi, Delhi.
Mr.Adarsh Saini, Advocate.

JUDGMENT

S.RAVINDRA BHAT, J. (Open Court)

1. By this Leave Petition the State seeks leave to appeal against the judgment and order of the Ld.Additional Sessions Judge dated 19.04.2011 in SC No.71/2010 by which the Respondent was acquitted for having committed the offences punishable under Sections 498-A/304-B IPC.

2. The deceased Kiran had married the Respondent/accused Vikas Sharma on 10.11.2008. The prosecution had alleged that the couple’s engagement had taken 9 months prior to the incident. After solemnizing the marriage, the couple went to Vaishno Devi for 6 days. Later Kiran went to her parental house for 3 days. Thereafter, she joined her husband. It was alleged that the body of Kiran was found at around 4-5 P.M. On 25.11.2008; she was found to be hanging in the matrimonial home, which is situated on the 2nd floor of the premises owned by PW-12. It was alleged that the accused was responsible for this on account of constant cruelty meted out by him, in connection with dowry harassment which ultimately led to the unnatural death.

3. After conclusion of investigation – during the course of which the accused was arrested, the police filed a charge-sheet. The trial Court framed t









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