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2006 Supreme(Jhk) 1105

N.N.TIWARI
Allauddin Mian – Appellant
Versus
State of Jharkhand – Respondent


Advocates appeared:
For the Appellants: M/s G. C. Sahu, R.P. Gupta, Rajesh Kumar.
For the Respondent: Mr. V.S. Sahay.

Judgment

By Court.-The appellants alongwith one Rahim Mian were tried for the charges under Sections 302/34 and 498A/34 of the Indian Penal Code. Rahim Mian died during the pendency of the said case. Learned Court below, giving benefit of doubt, acquitted the appellants of the charges under Sections 302, 34 of the Indian Penal Code, but convicted them under Sections 498A of the Indian Penal Code and sentenced to undergo rigorous imprisonment for three years each.

2. The case of the prosecution was that the daughter of the informant Usman was married three years ago with Sahur Mian-appellant No. 3 on 29.10.1986. At the time of marriage of his daughter, he had given dowry to the appellants according to his capacity, but after marriage, the appellant No. 3 and other relatives had been demanding bicycle and wrist watch in dowry. The same was conveyed by the informants daughter. However, the informant sent his daughter to Sasural (in-law's house) and was in the hope that by passage of time the problem will die down. But, the accused persons continued with the demand of the said articles and to press their demand, started torturing the informant's daughter in various ways. The informant u










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