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2012 Supreme(UK) 743

BARIN GHOSH, U.C.DHYANI
State of Uttarakhand – Appellant
Versus
Mohan Singh – Respondent


Advocates Appeared:
For the Appellant :Mr. A.S. Gill, Government Advocate, assisted by Ms. Sangeeta Miyan, Brief Holder
For the Respondent:Mr. Lokendra Dobhal, Advocate.

JUDGMENT :

U.C. Dhyani, J.

Present Government Appeal was preferred by the State of Uttarakhand against the Judgment and Order dated 18.04.2007 passed by learned Sessions Judge, Pithoragarh, in Sessions Trial No. 49 of 2005, whereby accused-respondents Mohan Singh, Kailash Singh and Smt. Jayanti Devi were acquitted of the charge of offences punishable under Sections 498-IPC, 304-B IPC and Section 3/4 Dowry Prohibition Act

2. PW 3 Umed Singh wrote a complaint (Ext. Ka-2) to S.O. Kotwali, Pithoragarh on 30.09.2004, enumerating the facts contained therein that his daughter Poonam was married to accused-respondent Kailash on 26.05.2003. Soon after the marriage, Poonam's in-laws started demanding a sum of Rs. 50,000/-. They also demanded an ornament on the occasion of rakshabandhan. Poonam's in-laws started harassing Poonam on account of non-fulfillment of dowry. Poonam made a complaint of the same to the informant and his wife. Poonam's dewar (brother-in-law) Banti also used to made obscene gestures to Poonam. When Banti's complaint was made to his mother, Banti also started teasing her. Poonam informed her parents that she would come to them and explain everything in detail. Poonam's in-l











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