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2017 Supreme(SC) 96

DIPAK MISRA, R.BANUMATHI
AJAY KUMAR GHOSHAL ETC. – Appellant
Versus
STATE OF BIHAR – Respondent


JUDGMENT

R. BANUMATHI, J.

These appeals are directed against the common final order dated 28.08.2015 passed by the High Court of Judicature at Patna in Criminal Appeal (SJ) No.230 of 2015, Criminal Appeal (SJ) No.275 of 2015, Criminal Appeal (SJ) No.232 of 2015 and Criminal Appeal (SJ) No.243 of 2015 setting aside the judgment of the trial court and directing the retrial of Session Trial No.14 of 2008/637 of 2008 against the appellants.

2. Briefly stated, case of the prosecution is that on 15.05.2007, Asim Kumar Chatarjee (PW-5) filed a complaint before the Officer-in-Charge, Tilakmanjhi, stating that his sister Bandhavi @ Bani Ghoshal was married to Raj Kumar son of Ajay Kumar Ghoshal on 03.02.2007 and at the time of her marriage, the complainant gave cash and ornaments as per his capacity and all the usual gifts given in a marriage to the accused-appellants. PW-5 asserted that the husband, father-in-law and mother-in-law (Munmun Ghoshal) kept demanding dowry from his deceased sister and upon his inability to fulfill their demands, they in turn tortured Bandhavi Ghoshal mentally and physically. The complainant stated that on 15.05.2007, he received information from Bhagalpur about

























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