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2012 Supreme(HP) 152

R.B.MISRA, V.K.SHARMA
State of Himachal Pradesh – Appellant
Versus
Manohar Lal – Respondent


Advocates:
For the appellant Mr. R.K.Sharma, Senior Advocate/ Sr. Additional Advocate General with Mr. J.S.Rana, Assistant Advocate General.
For the respondent Mr. M.S.Guleria, Advocate.

JUDGMENT

Per V.K. Sharma, J. The State is in appeal against acquittal of the respondent (accused) for the offences, under Sections 302, 304-B and 498-A of the Indian Penal Code, 1860 (for short ‘IPC’), vide judgment dated 29.9.2006, passed by the learned Presiding Officer, Fast Track Court, Mandi (H.P.) in Sessions Trial No. 21/2004 / 78/2005, State of Himachal Pradesh versus Manohar Lal.

2.The gravamen of charge against the accused was that after his marriage with Reena Devi (deceased) in the year 2001, he subjected her to cruelty, in connection with unlawful demands for dowry and ultimately committed her murder/ dowry death on 5.4.2004, at about 6.15 p.m., by sprinkling kerosene oil on her and burning her to death in the matrimonial home.

3. Briefly stated, facts of the prosecution case are that on 5.4.2004, at about 6 p.m., the deceased suffered extensive burn injuries in the matrimonial home, where the accused was also present. She was taken to Community Health Centre (CHC), Baldwara in District Mandi and then to District Hospital, Bilaspur on the same day. On receipt of information from the hospital at Bilaspur, PW-9 HC Hari Ram, No. 60 of Police Post (PP) City, Bilaspur went to






























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