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2014 Supreme(HP) 1044

SANJAY KAROL, P.S.RANA
State of Himachal Pradesh – Appellant
Versus
Sukhdev – Respondent


Advocates Appeared:
For the Appellant:Mr. B.S. Parmar, Addl. Advocate General, Mr. Ashok Chaudhary, Addl. A.G. with Mr. Vikram Thakur, Dy. A.G. and Mr. J.S. Guleria, Assistant A.G. for the Appellant-State.
For the Respondent:Mr. Rajesh Mandhotra, Advocate, for the Respondents.

JUDGMENT

Sanjay Karol, J.

1. Assailing the judgment dated 10.4.2008, passed by learned Addl. Sessions Judge (II), Kangra at Dharamshala, H.P. in Sessions Case No. 16-N/VII/2007 (Sessions Trial No. 15 of 2007), titled as State of Himachal Pradesh vs. Sukhdev & another, whereby respondents-accused stand acquitted, State has filed the present appeal under the provisions of Section 378 of the Code of Criminal Procedure, 1973.

2. It is the case of prosecution that Sukhdev (accused No. 1) was married to Smt. Usha Devi (deceased) on 14.12.2006. Since inception of their marriage, deceased was subjected to cruelty. Also dowry demands were made by her husband and father-in-law Kali Dass (accused No. 2). Sukhdev who was an alcoholic would quite often assault the deceased, who apprised her parents about the same. As a result of atrocities of the accused, on 3.2.2007 deceased committed suicide by hanging herself. Incident of death was reported to the police by Arun Soni (PW-3) on the basis of which entry in Daily Diary Register (Ext. PW-10/A) was recorded. Inspector Nathu Ram (PW-10), S.H.O. of the concerned police station proceeded to the spot where Kuldeep Raj (PW-1) brother of the deceased, g











































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