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2014 Supreme(SC) 913

KURIAN JOSEPH, A.M.SAPRE
Banarsi Dass – Appellant
Versus
State of Haryana – Respondent


JUDGMENT

KURIAN, J.:

1. The appellants faced trial under Section 498A read with Section 304B read with Section 34 of the Indian Penal Code (45 of 1860) (hereinafter referred to as ‘IPC’). The trial court acquitted them under Section 304B of IPC but convicted them under Section 498A of IPC. The State took up the matter in appeal before the High Court against the non-conviction under Section 304B of IPC. The High Court allowed the appeal and convicted them under Section 304B of IPC also. During the pendency of the appeal, appellant no.1-father-in-law of the deceased and appellant no.2-mother-in-law of the deceased expired. Therefore, the appeals survive only in respect of appellant no. 2-husband of the deceased, appellant no.3-elder brother of the deceased and appellant no.4-younger brother of the deceased.

2. The deceased Chander Kalan was the sister of PW-12-Mahabir and PW-13-Satpal and the wife of accused-Ramesh Kumar. The marriage was on 14.04.1995. The allegation is that on account of non-payment of the dowry as demanded by the husband and in-laws, she was being ill-treated. One such incident was on 01.01.1997 and she lost a couple of teeth. There was a Panchayat and the matter was


























































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