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2011 Supreme(Gau) 1018

A.C.UPADHYAY
Junali Gogoi – Appellant
Versus
Girin Buragohain – Respondent


Advocates Appeared:
Mr. G.N. Sahewalla, Md. Aslam, Mr. B. Sharma and Mr. D. Senapati for the petitioner., Mr. K. Agarwal, Mr. R.J. Barua, Mr. M. Bujarbaruah and Mr. A. Goswami for the respondent.

1. This is an appeal against acquittal in the judgment and order dated 22.12.2003 passed by the learned Addl. Chief Judicial Magistrate, Dibrugarh in Case No.99C/2002, whereby the accused-respondent was acquitted of the charges under section 494/420/406, IPC.

2. I have heard Mr. P. Borah, learned counsel appearing for the appellant and Mr. K. Agarwal, learned counsel representing the accused-respondent.

3. The fact leading to filing of this appeal be stated in brief as follows :

The appellant as complainant filed a complaint case before the Addl. Chief Judicial Magistrate, Dibrugarh stating, inter alia, that she was married with the accused-opposite party on 20.2.1994 as per Hindu rites and customs. However, after the marriage, as alleged by the appellant, the accused-respondent and his family members demanded dowry and ultimately, on 28.5.1995, the complainant-appellant was driven out from the house of the accused-respondent by retaining all such articles given in gift to the appellant complainant as dowry. The appellant-complainant lodged an FIR in the local police station. The F.I.R. was registered under section 498(A), IPC by registering G.R. Case No. 132 of 1998 and the Investiga












































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