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2010 Supreme(HP) 805

DEV DARSHAN SUD
Ramesh Kumar – Appellant
Versus
State of Himachal Pradesh – Respondent


Advocates:
For the appellant :Mr. Nimish Gupta, Advocate.
For the respondent:Ms. Ruma Kaushik, Additional Advocate General.

Dev Darshan Sud, J.

(Oral) The appellant has been tried and convicted for the offences under Sections 498-A and 304-B of the Indian Penal Code.

2. The brief facts requiring consideration for the decision of this appeal are that marriage of the deceased Swarna was solemnized with the appellant herein, about one and a half year prior to the incident, i.e on 30.7.2008. The prosecution case is that the marriage was solemnized in accordance with Hindu Rites and Customs. 5/6 days after the marriage, the deceased complained to her parents that she was being ill-treated as she was accused of not bringing enough dowry. After about 1½ months of the marriage, the appellant left for Gujrat, where he was employed and the deceased went to her parents house, where she remained for about one year.

3. Three months prior to the occurrence, the appellant returned from Gujrat and brought the deceased from her parents house to his village Behru (Samot). Swarna died on 29.7.2008. At about 7.00 a.m., Shashi Kumar (PW-9), resident of Village Kamla, went to her parents house and informed them about her death. Up-Pradhan of the Gram Panchayat also informed PW-14 A.S.I Harnarayan Singh about her death.






















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