GIRISH SINGH Vs. STATE OF UTTARAKHAND

JUDGEMENT

(1.) The appellant in Criminal Appeal No. 1475 of 2009 is the first accused and the appellant in Criminal Appeal No. 1476 of 2009 is the second accused. They were charged under Sections 306 read with Section 34 and Section 304B read with Section 34 of the Indian Penal Code, 1860 (hereinafter referred to as 'the IPC' for short). The first accused is the son of the second accused.

(2.) It Is the case of the prosecution in brief that the first accused used to treat his wife with cruelty on account of dowry demand. The same allegation was made against his father-second accused. It is also alleged that his father wanted to fulfil his lust with his daughter-in-law. She did not agree. The accused tortured her and gave her beating. The daughter-in-law committed suicide by burning herself on 05.06.1991. After complying with the formalities, the charge-sheet was filed against the accused. Prosecution examined nine witnesses and produced 17 documents. The Trial Court came to the conclusion that the prosecution failed to prove the case against both the accused. They were accordingly acquitted. Reliance is in particular placed on certain letters.

(3.) The appeal carried against their acquittal by the State was allowed by the High Court by the impugned order. The appellants were convicted under Section 304B read with Section 34 of the IPC. It was, however, found that offence under Section 306 read with Section 34 of the IPC was not made out against the appellants. The appellants were sentenced to seven years rigorous imprisonment.