BHAGWATI PRASAD PANT Vs. STATE OF UTTARANCHAL

JUDGEMENT

(1.) Present appeal has been filed by accused-Bhagwati Prasad husband of Vinita Devi (since deceased) who stood trial along with his father Sadanand and mother Suresho Devi for the offence punishable under Sections 498A, 302 of the Indian Penal Code, 1860 (for short I.P.C.) and read with Section 3/4 of the Dowry Prohibition Act. However trial court after taking into consideration the evidence on record acquitted accused Sadanand and Suresho Devi, but accused Bhagwati Prasad has been convicted and sentenced to life imprisonment under Section 302 of the I.P.C. and a fine of Rs. 5,000/-. In default of payment of fine, he has further been ordered to undergo one year rigorous imprisonment. He has also been convicted under Section 498A of the I.P.C. and sentenced to one year rigorous imprisonment and a fine of Rs. 5,00/-. In default of payment of fine, he has further been ordered to undergo three months' rigorous imprisonment. Under Section 3/4 of the Dowry Prohibition Act, he has been sentenced to undergo six months' rigorous imprisonment and a fine of Rs. 5,00/-. In default of payment of fine he has further been ordered to undergo one month's rigorous imprisonment vide judgment and order-dated 13.10.2003 in Sessions Trial No. 187 of 2000. All the sentences have been ordered to run concurrently.

(2.) Brief facts of the case are that the marriage of Vinita Devi (deceased) was performed with Bhagwati Prasad in the month of March 1993, however, she was being harassed by her husband Bhagwati Prasad, mother-in-law and father-in-law for bringing insufficient dowry. Mother of Vinita Devi (deceased) had been satisfying their demand by giving cash and other articles demanded by them as per her capacity. Few days prior to the incident her husband Bhagwati Prasad and his family members made a demand of Rs. 20,000/- but Vinita (deceased) did not pay any heed to the demand. However, when she was harassed by them, she disclosed about the demand to her mother who went to the house of the accused to advise him and expressed her inability to fulfill the demand. The accused continued to harass Vinita Devi and Vinita Devi informed her mother that she was apprehensive of her well being in her in-laws house.

(3.) On 12.05.2000 at about 7:00 a.m. Bhuppi (PW-2) sister's son of Godambari (mother of deceased) who was present at the house of Vinita Devi (deceased) on that day came and informed Godambari Devi that Vinita Devi was given beatings at her in-laws house and Vinita had asked him to call her mother immediately. On receipt of the information from Bhuppi, Godambari Devi along with her elder daughter Anita went to the house of accused Bhagwati Prasad at village Misserwala. But none was found present in the house. She was informed by the neighbourer that Vinita was taken to the hospital in a burnt condition. Thereafter she searched for Vinita Devi in Dehradun hospital and after making some efforts she came to know that Vinita Devi was admitted in Jolly Grant Himalayan Hospital. She found Vinita Devi lying in a serious burnt condition and there appeared to be no chances of her survival. She submitted a written report (Ex. Ka-1) to Station House Officer, Doiwala, Dehradun on 14th May 2000. Complainant Godambari Devi stated in her complaint that there was delay in reporting the matter, as she was busy in looking after her daughter Vinita Devi whose condition was serious. She further stated that even on earlier occasion i.e. 22.11.1993 Vinita Devi was given beatings by her in-laws and she was medically examined at that time. Medical report was submitted along with the complaint. On the basis of written complaint (Ex. Ka-1) Chick F.I.R. (Ex. Ka-19) was recorded on 14th May 2000 at 1:20 p.m. in Police Station Doiwala. G.D. report No. 20 was also recorded at 1:20 p.m. copy of which is Ex. Ka-20.