STATE OF U P (NOW STATE OF UTTARAKHAND) Vs. KAMAL KISHORE SHARMA S/O SHRI GANGADHAR SHARMA
LAWS(UTN)-2012-9-162
HIGH COURT OF UTTARAKHAND
Decided on September 12,2012

State Of U P (Now State Of Uttarakhand) Appellant
VERSUS
Kamal Kishore Sharma S/O Shri Gangadhar Sharma Respondents

JUDGEMENT

- (1.) 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 21.12.1998, passed by learned Additional Sessions Judge, Roorkee, in Sessions Trial No. 113 of 1995, whereby said court has acquitted accused/respondents Kamal Kishore Sharma, Vijay Kishore Sharma and Sarla Sharma from the charge of offences punishable under section 498A, 328, 506, 307/34 IPC, and one punishable under section 3/4 Dowry Prohibition Act, 1961.
(2.) Heard learned counsel for the parties, and perused the lower court record.
(3.) Prosecution story in brief is that P.W. 2 Radha Sharma got married to accused/ respondent Kamal Kishore Sharma on 09.12.1993. It is alleged by her in the first information report that after her marriage she was subjected to cruelty for non fulfillment of demand of dowry by her husband Kamal Kishore Sharma, brother-in-law Vijay Kumar Sharma, mother-in-law Sarla Sharma and fatherin-law Gangadhar Sharma. It is further alleged by her that the accused/respondent used to ask the complainant that their demand of one scooter and cash of Rs. 10,000/- be fulfilled. On expressing inability she was beaten by the accused/respondents, and on 14.01.1994, she was administered some stupefying drug with tea. It is further alleged by her in the first information report that her elder sister Karuna Sharma (P.W. 4), and her brother-in-law Pradeep Sharma (P.W. 1) took her to hospital for her treatment. The report was initially lodged in District Muzaffarnagar but the same later transferred to Police Station Manglaur, District Hardwar. Investigation was taken up by Sub-Inspector Ram Prakash Mishra who, after interrogation of the witnesses, and on completion of investigation submitted charge sheet against the three accused namely Kamal Kishore Sharma, Vijay Kishore Sharma and Sarla Sharma (present respondents) for their trial in respect of offences punishable under section 498A, 328, 506, 307/34 IPC, and one punishable under section 3/4 Dowry Prohibition Act, 1961.;


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