SRI. KRISHNA Vs. STATE

JUDGEMENT

(1.) THIS Criminal Appeal preferred under Section 374 read with Section 401 Cr.P.C. is directed against the judgment and order dated 21.11.1997 passed by Sessions Judge, New Tehri, Tehri Garhwal, in Sessions Trial No. 32/1991, State versus Srikrishna, whereby appellant has been convicted under Sections 498A, 304B and 302 I.P.C. and has been sentenced to undergo two years rigorous imprisonment under Section 498A I.P.C., life imprisonment under Section 304B I.P.C., and life imprisonment under Section 302 I.P.C. All the sentences have been directed to be run concurrently.

(2.) PROSECUTION story in brief is that F.I.R. (Ext.Ka.1) was lodged against the accused Sri Krishna with the Police Station Tehri by Sri Govind Prasad complainant (PW -1) on 20.4.1991 at 4.20 p.m. with the allegations that the marriage of his sister was performed with the accused in the year 1984. After the marriage accused continued his demand of dowry with him. Accused has harassed his sister in several ways due to this reason. Complainant and his family members were not in a position to fulfill the demand of dowry of the accused. Sufficient dowry was given in the marriage by the complainant according to his capacity. The accused used to beat his sister by saying that she was uneducated and black. Accused has also tried to kill his sister at the time when they were at Chandausi. On 19.4.1991, complainant was informed regarding the death of his sister. When the complainant along with his father, mother and wife arrived at Tehri, they came to know that accused Sri Krishna burnt his sister to death and his niece aged about one year. The complainant lodged the F.I.R. and on the basis of the F.I.R., chick report (Ext.Ka. 14) was prepared by Head Muharrir Surendra Pal (PW -8) and case was registered in the General Diary vide Ext.Ka. 15. The investigation of the case was entrusted to Dy. S.P. Sri Dinesh Chand (PW -9). The accused was arrested on 22.4.1991 and his statement was also recorded. The investigating officer inspected the place of occurrence on 22.4.1991 and prepared site plan (Ext.Ka. 16) on the same day. He also recovered one inland letter (Ext.Ka.6) from the place of occurrence. The statement of Sri Prasadi (PW -2) was also recorded under Section 161 Cr.P.C. on 21.4.1991. The copy of post mortem report, inquest memo etc. was made in the case diary on 30.4.1991. Photographs of the dead bodies (Exts. 4 to 8) were also taken under the direction of the investigating officer. The statements of the witnesses were recorded and after completion of the investigation charge sheet (Ext.Ka. 17) was submitted against the accused.

(3.) THE prosecution in support of its case got examined as many as nine witnesses in the case. PW -1 Govind Singh, complainant, is the brother of the deceased Smt. Pushpa Devi. PW -2 Prasadi is the father of the deceased. PW -3 Sri Sundermani Puri was posted as Sub -Inspector of Police, Radio Station, New Tehri at the time of occurrence. PW -4 Dr. J.P. Chamoli conducted the post mortem on the dead bodies of Smt. Pushpa Devi and Km. Sarita. PW -5 Sri Madan Mohan Ratauri was posted as Radio Centre Officer at Sub Control., New Tehri. PW -6 Constable Gyan lal was posted at Police Outpost, New Tehri on the date of occurrence. PW -7 Sri S.K. Sagar prepared and proved the inquest memos of Smt. Pushpa and Km. Sarita Exts.Ka.7 and Ka.8, photo lash and challan lash Exts.Ka.9 and Ka.12 and letters to C.M.O. Ext.Ka.13. PW -8 Surendra Pal was posted as Head Muharrir at P.S. Tehri on 20.4.1991. PW -9 Sri Dinesh Chand, Dy. S.P. investigated the case and submitted charge sheet (Ext.Ka. 17) against the accused.