STATE Vs. MANISH GOYAL

JUDGEMENT

(1.) THE appeal filed by the State and revision filed by Vijendra Kumar Goyal, father of Preeti (deceased) shall be disposed of vide this common judgment as both arises out of the judgment dated 05.10.2004 passed by the learned Sessions Judge Almora in sessions trial No. 1 of 2000 acquitting the accused -Manish Goyal, Jagdish Prasad, Smt. Sushma Goyal and Vikas Goyal for the offences under Sections 498A and 304B of the I.P.C. For the sake of convenience the facts have been narrated from appeal No. 241 of 2006.

(2.) THE facts in brief are that Preeti Goyal, daughter of Vijendra Goyal was married with Manish Goyal on 28.01.1993 as per the Hindu rites and customs. Her parents had given sufficient dowry as per their capacity but her mother -in -law Smt. Sushma Goyal, father -in -law Jagdish Prasad Goyal, husband Manish Goyal and brother -in -law Vikas Goyal were not happy and have been harassing her for not bringing adequate dowry. She was being tortured and treated with cruelty in connection with demand of dowry. On 13th September 1999 at about 2:00 p.m. someone telephonically informed Vijendra Goyal (complainant) that his daughter had expired in the hospital. The complainant could not believe the information as he had talked to his daughter on telephone just two days earlier. He therefore, requested the Superintendent of Police, Almora to get her last rites deferred to be performed till his arrival. When he reached Ranikhet on 14th September 1999 he was informed that his daughter died in Herakhan Hospital, Ranikhet. The complainant suspected that his daughter Preeti was killed by the accused persons by administering poison on account of greed for dowry. He submitted a written report Ex. Ka -5 to In -charge Police Station Ranikhet on the basis of which Chick F.I.R. Ex. Ka -14 was recorded on 14th September 1999 at 12.30 p.m. in police station Ranikhet under Section 304B of the I.P.C.

(3.) THE prosecution in order to prove its case produced as many as six witnesses. On conclusion of prosecution evidence, statements of the accused -respondents were recorded under Section 313 Cr.P.C. They denied all the allegations of prosecution and claimed innocence and false implication. In defence Manish Goyal himself appeared as DW -1 and submitted certain letters.