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2005 Supreme(Raj) 280

B.PRASAD, SATYA PRAKASH PATHAK
Nand Kishore – Appellant
Versus
State – Respondent


Advocates Appeared:
Mr. Sandeep Mehta, for the Appellant. Mr. V.R. Mehta, Public Prosecutor.

Judgment

1. Heard the learned Counsel for the parties.

2. The present appeal has been filed by accused Nand Kishore who is married to Smt. Kiran according to Hindu rites. Smt. Kiran died within three years of marriage under suspicious circumstances. The prosecution case is that her death was within seven years of marriage and in suspicious circumstances, wherein she had died having received numerous ante-mortem injuries including fracture of hybrid bone. It was found that she was hanging when her body was recovered. The prosecution was initiated after lodging of Ex.P/1, a written first information report alleging maltreatment to Smt. Kiran and death within seven years of marriage i.e. after three years of marriage. There were various injuries on her person which were ante-mortem and there was a demand of dowry. After the challan was presented against the accused appellant, charge under Sec. 304-B IPC was framed against the accused appellant. The prosecution case examined as many as 18 witnesses and tendered 20 documents in defence. The accused in his statement under Sec. 313 CrPC submitted that he is innocent. He used to keep her wife with utmost affection and love and he had never

























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