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2009 Supreme(Gau) 314

B.D.AGARWAL
Dwijen Das – Appellant
Versus
State of Assam – Respondent


Advocates appeared:
For Appellant/Petitioner/Plaintiff: N. Dutta, Sr. Adv., Kamal Agarwal, A. Dutta, R. Singh, F. Hussain andR.R. Sarmah, Advs.
For Respondents/Defendant: B.S. Sinha, Addl. P.P.

JUDGMENT

B.D. Agarwal, J.

1. The Appellant herein, has been convicted under Section 304B of the Indian Penal Code and he has been sentenced to undergo RI for 7 (seven) years and also to pay fine of Rs. 1,000/- with default sentence of 3 (three) months RI vide impugned judgment and order dated 24.8.2007 passed by the learned Additional Sessions Judge No. 4 (FTC) Kamrup, Guwahati in Sessions Case 317 (K) of 2006. However, the learned Sessions Judge has acquitted father and mother-in-law of the deceased due to insufficiency of evidence of abetment or instigation for demand of dowry or regarding cruelty or harassment to the deceased. Being aggrieved with the conviction and sentence the husband has preferred this appeal.

2. I have heard Shri K. Agarwal learned Counsel for the accused Appellant. Also heard Shri B.S. Sinha, learned Additional Public Prosecutor for the State of Assam. Also perused the impugned judgment and the evidence proffered by the prosecution and the record.

3. The gist of the prosecution case is that the deceased had married the Appellant about 6 (six) years prior to her unnatural death. The deceased went missing in between the night of 2nd and 3rd July, 2006. Her dead b





































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