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2012 Supreme(UK) 698

PRAFULLA C.PANT
State of Uttar Pradesh – Appellant
Versus
Anand Mani – Respondent


Advocates:
Advocate Appeared:
Mr. M.A. Khan, A.G.A., present for the appellant.
Ms. Anjali Noliyal, Advocate (Amicus Curiae) present for the respondents.

Judgment

Prafulla C. Pant, J.

This appeal, preferred under section 378 of Code of Criminal Procedure, 1973 (for short Cr.P.C.), is directed against the judgment and order dated 10.02.2000, passed by learned Sessions Judge, Pauri Garhwal, in Sessions Trial No. 32 of 1997, whereby said court has acquitted the accused/respondents Anand Mani and Purna Nand from the charge of offence punishable under section 498A/34 IPC, and under section 304B/34 IPC, and from the alternative charge of offence punishable under section 302/34 IPC.

2. Heard learned counsel for the State, learned Amicus Curiae for the respondents and perused the lower court record.

3. Prosecution story, in brief, is that accused/ respondent no. 1 Anand Mani got married to Kiran (deceased) in the intervening night of 9th and 10th of March, 1995. Customary dowry said to have been given in the marriage by the parents of the deceased but the accused/respondents were not satisfied with the dowry, and they used to make demand of dowry, and for non fulfillment of demand of dowry the deceased was subjected to cruelty. On 30.12.1996, Kiran died of asphyxia as a result of ante mortem burn injuries. First Information Report (Ex. A2) was


















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