(1.) THIS appeal, preferred under section 374 of Code of Criminal Procedure, 1973 (for short Cr.P.C) is directed against judgement and order dated 03.12.2008, passed by Additional Sessions Judge/I Fast Track Court, Nainital, in Sessions Trial No. 57 of 2007, State vs. Jagmohan Singh Bisht, whereby said court has convicted the appellant Jagmohan Singh Bisht under section 304B of Indian Penal Code, 1860 ( for short IPC) and one punishable under section 4 of Dowry Prohibition Act, 1961, and sentenced the convict to rigorous imprisonment for a period of 7 years (under section 304B IPC), and rigorous imprisonment for a period of 1 year and directed to pay fine of Rs. 2,000/- under section 4 of Dowry Prohibition Act, 1961.
(2.) HEARD learned counsel for the parties and perused the lower court record.
(3.) BEFORE further discussion, this Court thinks it just and proper to mention the antemortem injuries found on the body of the deceased by Dr. C.P. Bhainsora (P.W.5) who recorded the same in autopsy report (Ex. A4) on 27.01.2007, at 2:00 P.M. The same are being reproduced below:-