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2012 Supreme(All) 1646

DHARNIDHAR JHA, RAMESH SINHA
State of U. P. – Appellant
Versus
Haribansh Pandey Alias Sonu and Others – Respondent


Advocates:
Counsel for the Appellant: A.G.A.

Ramesh Sinha, J.—

We have heard Sri D. I. Fareedi, learned AGA on admission of the present government appeal which has been directed against judgement of acquittal dated 17-5-2010 passed by learned Additional Session Judge/Special Judge (E.C. Act), Ghazipur in Session Trial No.17 of 2008.

2. The charges were under sections 498-A, 304-B, 120-B I.P.C. and Dowry Prohibition Act. The allegation was that Madhu was married to accused ? respondent, Haribansh Pandey, just after 1 years of her death, she was complaining of torture and ill-treatment, if she did not bring Rs.2 lakh in cash, a Hero Honda motor cycle, a golden chain, a golden ring alongwith golden bangles for her. It is undisputed that Madhu was burnt and she died in hospital at Ghazipur, where she had been shifted and hospitalised by her husband, Haribansh Pandey.

3. The learned trial judge had scanned the evidence of the witnesses, like, Pws.1, 2 and 7 who were parents and brother of the deceased and has inferred that the claim of prosecution that the deceased was being ill-treated or tortured in connection with demand of dowry, just prior to her death, was not acceptable. The learned trial judge has admitted that there was no d




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