AJAY KUMAR YADAV Vs. STATE

JUDGEMENT

(1.) By the present appeal the Appellant impugns the judgment dated 17th February, 2010 convicting the Appellant for offence under Section 306/498A IPC and the order on sentence dated 19th February, 2010 directing him to undergo rigorous imprisonment for 5 years and to pay a fine of Rs. 5000/-, in default of payment of fine to undergo simple imprisonment for six months for offence punishable under Section 306 IPC, and for offence punishable under Section 498A IPC to undergo rigorous imprisonment for 3 years and to pay fine of Rs. 1000/- and in default of payment of fine to undergo simple imprisonment for one month. Learned counsel for the Appellant contends that there was suicidal tendency in the family of the deceased and after her death, her brother has also committed suicide. Though the suicide note was allegedly recovered from the window, however the site plan does not show window. The seizure memo of the Chunni by which the deceased allegedly hanged herself does not bear the signatures of PW1. The alleged suicide note has not been sent to the CFSL for an expert opinion to prove that the hand-writing belonged to the deceased. Further as per the letters itself the deceased wanted the husband to perform her last rites and if the Appellant was ill-treating her, she would not have desired her last rites to be performed by him. There is no allegation of demand of dowry and hence the Appellant be acquitted of the charges framed.

(2.) Learned APP for the State on the other hand contends that the marriage between the parties lasted for two months only and a number of letters were written by the deceased which showed a continuous course of harassment to her. Section 498A IPC contemplates mental and physical cruelty as well, de-hors the demand of dowry. Since there was no demand of dowry in the letters, the Appellant has not been convicted for the same, though the family members of the deceased have alleged harassment for bringing more dowry. Thus, no case for acquittal is made out and the appeal be dismissed.

(3.) I have heard learned counsel for the parties. On 23rd July, 2003 an information was received regarding suicide committed by a girl in H.No. A-450, New Ashok Nagar. FIR No. 244/2003 under Section 406/498A/306 IPC was registered at PS New Ashok Nagar on the statement of PW1, the father of the deceased, who also gave the five pages hand-written notes lying at the window of the room of the deceased which were duly seized. During investigation, the dowry articles were seized by the Police and handed over to the complainant. Besides the Appellant, his family members were also charge-sheeted. Charge under Section 498A/34 IPC was framed against all the 6 accused whereas charges for offences punishable under Section 406/34 IPC and 306/34 IPC were framed against the Appellant and his parents. After examining the prosecution witnesses, the accused under Section 313 Cr.P.C. and the defence witnesses, the learned Trial Court acquitted all the other accused except the Appellant who has been convicted as above.