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2012 Supreme(HP) 151

R.B.Misra, Dev Darshan Sud
State of Himachal Pradesh – Appellant
Versus
Manju Rani wife of Sh. Devinder Dutt, Occupation Clerk – Respondent


Advocates:
Advocate Appeared:
For the appellant:Mr. R.K. Sharma, Sr. Additional Advocate General with Mr. J.S. Guleria, Asstt. Advocate General.
For Respondents:Mr. Manoj Thakur, Advocate.

JUDGMENT

Dev Darshan Sud, J.

The State has challenged the judgment of learned Sessions Judge, acquitting the respondents for offences under Section 304-B and 498-A read with Section 34 of the Indian Penal Code.

2. The brief facts necessary for consideration in this appeal are that the deceased Alka alias Ashu was the daughter of Roop Lal and was married to respondent No.3 Sheetal Kumar son of Sh. Devinder Dutt. Their marriage was performed despite opposition from the parents of the deceased. The undisputed fact is that it was a love marriage. On 13.9.2000, the marriage was solemnized at Rajgarh. The case of the prosecution is that they resided as husband and wife happily for some time but later on she was harassed for dowry which ultimately compelled her to end her life.

3. Ext. PA is statement of Bachani Devi (PW1). She states that her husband is employed in the Forest Department. They have two sons and two daughters. Alka alias Ashu is the eldest daughter, who has qualified degree of B.Sc. and B.Ed. She had married to Sheetal Kumar respondent on 13th September, 2002 according to ‘Arya Samaj’ rites which factum of marriage was later on accepted by her family after initial resistance.














































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