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2012 Supreme(HP) 100

R.B.MISRA, SANJAY KAROL
State of Himachal Pradesh – Appellant
Versus
Anil Kumar – Respondent


Advocates appeared:
For the appellant :Mr. R. K. Sharma, Sr. Advocate/Senior Addl. A.G. with Mr. J.S. Guleria, Asstt. A.G. for the appellant-State.
For the respondents:Mr. Paras Dogar, Advocate, for the respondents.

JUDGMENT :

Justice Sanjay Karol, J.

For an offence, which is alleged to have been committed on 8.2.2003 accused were put to trial. In terms of judgment dated 17.9.2004, passed by the ld. Sessions Judge, Kangra at Dharmshala, H.P. in Sessions Case No. 38-B/VII/2003, Sessions Trial No. 12 of 2004, titled as State versus Anil Kumar and another, accused stand acquitted of the charged offences.

2. It is the case of prosecution that Smt. Kiran Devi (deceased) daughter of Smt. Charjo Devi (PW-3) and Sh. Milap Chand (PW-5) was married to Anil Kumar (accused No. 1) who was serving in the Indian Army. Through the wed lock two children were born. Deceased used to stay in the village, the matrimonial home, along with her mother-in-law Smt. Kamla Devi (accused No. 2). Marriage went on smoothly for about one year but thereafter accused started maltreating the deceased for having brought insufficient dowry. Accused made demands of scooter, sofa-set and colour television, etc. They also gave beatings to the deceased. Sh. Milap Chand (PW-5) requested Sh. Kuldip Kumar, who mediated in solemnization of the marriage, to intervene. Accordingly Sh. Kuldip Kumar along with brothers of the deceased, i.e.,













































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