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2015 Supreme(Raj) 438

KANWALJIT SINGH AHLUWALIA, NISHA GUPTA
Shyam Lal – Appellant
Versus
State of Rajasthan – Respondent


Advocates Appeared
Biri Singh Sinsinwar, Sr. Advocate with Rajesh Choudhary, for Appellant;
N.S. Dhakar, Public Prosecutor, for State

Hon'ble AHLUWALIA, J.—Shyam Lal, on 28.2.2000, was married with Anjali @ Pinky daughter of the complainant Mohanlal (P.W.6). On 28.4.2005 at about 7:30-8:00 PM information was received by Mohanlal (P.W.6) that his daughter Anjali @ Pinky has died in her matrimonial home. Mohanlal appeared at Police Station Bandikui on 29.4.2005 at 8:30 AM and presented the written complaint (Ex.P.13) on the basis whereof formal FIR (Ex.P.14) bearing No.272/05 was registered at P.S. Bandikui, District Dausa for offence under Sections 498A, 304B IPC. Investigating agency had sent present appellant Shyam Lal and his mother Smt. Manohari Devi for trial.

2. The court of Additional Sessions Judge, Bandikui vide impugned judgment dated 1.5.2009 recorded acquittal of Smt. Manohari Devi and holding that all ingredients of offence under Section 304B IPC are made out, convicted the appellant for offence under Section 302 IPC primarily on the ground that medical evidence prove death of Anjali @ Pinky to be murder. We shall reproduce following finding returned by the trial court in the impugned judgment:-

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