JASWANT SINGH (IN JAIL) Vs. STATE OF UTTARAKHAND

JUDGEMENT

(1.) HEARD Sri Navnish Negi, learned counsel for the applicant and Sri Amit Bhatt, learned Addl. GA for the State.

(2.) IN brief the prosecution case is that marriage of Smt. Neelam (deceased) was solemnized with the present applicant on 03.03.2008 and she had died due to de­mand of dowry by the applicant and co-accused on 05.04.2010. When the com­plainant/father of deceased came to see his daughter on 6.4.2010 at about 4 AM, he found his daughter lying on a bed and colour of her face turned bluish. There­after the FIR was lodged on 07.04.2010 at PS Kotwali Pauri, Distt. Pauri Garhwal U/s 498-A/304-B IPC and 3/4 Dowry Pro­hibition Act.

(3.) FROM a perusal of the above-said evidence, it reveals that the marriage of deceased was solemnized with the appli­cant on 03.03.2008 and she had died on 05.04.2010 i.e. just after two years of her marriage in the house of her husband and soon before her death, the applicant had demanded dowry from her for which she was subjected to physical and men­tal cruelty and it is also proved that she had not died otherwise than under nor­mal circumstances.