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2010 (3) TMI 1230

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..... e impugned decision as also having perused the certified copies of the testimonies of the various witnesses, we find no case being made out to grant leave to appeal. 2. The husband and the parents-in-law of deceased Sarika were charged of the offence punishable under Section 498A/304-B IPC. 3. Acquitting the accused the learned trial Judge has held that the suicide note Ex.P-3 of the decease .....

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..... legation of dowry being demanded at the time of marriage. One dowry article demanded as per the parents of Sarika was a motor-cycle by the husband of Sarika. Learned trial Judge has noted that Sarika s husband already possessed a motor-cycle, and thus formed an opinion that said allegation was exaggeration. 4. The learned trial judge has referred to the defence evidence and has discussed the sa .....

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..... any cruelty or harassment. The accused persons have also produced defence evidence to show that at the marriage of daughter of accused Jai Narain he withdrew the amount of ₹ 4,50,000/- from his Provident Fund Account. The defence of the accused persons also show that accused Raj Kumar had a motorcycle which rules out the probability of demand of motorcycle from victim Sarika or her parents .....

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..... rsons also rules out this possibility. Savitri Devi s case (supra), Sangeeta Kalra s case (supra), Neera Singh s case (supra), Raman Kumar s case (supra) and Sohel Mehaboob Shaikh s case (supra) are distinguishable on facts. 5. An independent witness PW-8 the landlord of accused Rajkumar, Sarika s husband, where Sarika and her husband resided had deposed against the accused. The learned tri .....

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