ASHA Vs. STATE OF UTTARAKHAND

JUDGEMENT

(1.) These appeals have been filed by the appellants against the common impugned judgment and order dated 07.01.2011 of the High Court of Uttarakhand at Nainital in Criminal Appeal No. 1931 of 2001(Old no. 1060 of 1998), whereby the High Court dismissed the appeal of the appellants and upheld their conviction and sentence of 10 years R.I. under Section 304B of the Indian Penal Code (in short "the IPC") awarded by the trial court. In Criminal Appeal No. 1893 of 2013 the appellants are the sisters-in-law of the deceased and in Criminal Appeal No. 1894 of 2013 the appellant is the father-in-law of the deceased. During pendency of the appeal before the High Court, the co-accused, Lilawati, the mother-in-law of the deceased had died, therefore, the case abated against her.

(2.) The brief facts of the case are stated hereunder to appreciate the correctness of the findings recorded by both the trial court and the High Court on the charges framed against the accused persons under Sections 302/34, 304B and 306 of the IPC and also to find out as to whether the appellants are entitled for the relief as prayed by them.

(3.) The deceased, Bhagwati Devi was married to Satish Chandra (the brother of the appellants in Criminal Appeal No. 1893 of 2013) on 13.06.1991. The deceased died due to burn injuries in her matrimonial house on 18.07.1993, around two years after marriage. The co-accused, the father-in-law of the deceased, Nitya Nand (the appellant in Criminal Appeal No. 1894 of 2013) lodged a report (Ex.Ka.1) on 18.07.1993 with the patwari stating that his daughter-in-law committed suicide by burning herself at about 10.00 a.m. He alleged in the aforesaid report that the deceased burnt herself to death while he had gone to the market and his wife and their daughters were away in the jungle for cutting grass. On 19.07.1993, the complainant, Mahesh Chandra (P.W. 5), the brother of the deceased lodged another report to the patwari making allegations against the appellants herein and the mother-in-law of the deceased, upon which FIR No.1/93 dated 19.07.1993 was registered against them. The accused persons were arrested and sent to judicial custody on 22.07.1993. On 16.10.1993, the police, after investigation, submitted the charge sheet before the Chief Judicial Magistrate, Almora. The case was committed to the Court of the Sessions Judge on 23.03.1994 and the accused were charged under Sections 302/34 and 304B of the IPC and in the alternative, Section 306 of the IPC. Both the prosecution and the defence witnesses were examined to prove the charges against the accused persons and to show that they are not guilty of the offences alleged against them. The trial court, on appreciation of evidence on record, vide its judgment and order dated 01.06.1998, found the appellants guilty of offence under Section 304B of the IPC and they were sentenced to 10 years R.I. The appellants were acquitted for offences under Sections 302 and 306 of the IPC. The appellants filed Criminal Appeal No. 1931/2001 (Old no.1060/1998) before the High Court. The High Court dismissed the appeal and upheld the judgment and order of the Sessions Court vide its common judgment and order dated 07.01.2011. Aggrieved by the same they preferred these appeals, urging certain grounds and legal contentions.