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2010 Supreme(Raj) 1170

A.M.KAPADIA, GOPAL KRISHAN VYAS
Kumbha Ram – Appellant
Versus
State of Rajasthan – Respondent


Advocates:
For the Petitioner:Mr. Dhirendra Singh, Advocate.
For the Respondent: Mr. K.R. Bishnoi, Public Prosecutor.

JUDGMENT

1. - State has preferred leave to appeal application, whereby, the State has sought to challenge the judgment dated 24.03.2009 passed by the Addl. Sessions Judge (Fast Track), Balotra (Headquarters Barmer) in Sessions Case No.71/08 (46/08), whereby, accused-respondents were acquitted from the charge for commission of offences under Sections 498 A, 304 B/alternatively 302, Indian Penal Code Another revision petition has been filed by the complainant against the same judgment. Hence, this common order in both these cases.

2. It is contended by the learned Public Prosecutor for the State as well as learned counsel for the complainant that the judgment impugned is totally erroneous and passed without application of mind. The prosecution proved its case beyond reasonable doubt for committing offences under Sections 498 A and 304 Part B, Indian Penal Code but the learned trial Court without appreciating the prosecution evidence acquitted the accused-respondents from the charges levelled against them which is contrary to the basic principles of law. It is argued that ample evidence was produced before the Court to prove the allegations of demand of dowry and, admittedly, deceased








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