MADHWANAND Vs. STATE

JUDGEMENT

(1.) This criminal appeal, arises out against the judgment and order dated 19-08-1999, passed by Special Judge(CBI), Nainital, in Sessions Trial No. 273/1992, State vs. Madhwanand and another, whereby accused Madhwanand was convicted and sentenced to undergo Life Imprisonment U/S 304-B I.P.C.; two years R.I. and a fine of Rs. 1,000/- U/S 498-A I.P.C. and one year's R.I. and a fine of Rs. 1000/- U/S 201 I.P.C. and accused Smt. Rewati Devi was convicted and sentenced to undergo R.I. for 10 years U/S 304-B I.P.C.; one year's R.I. and a fine of Rs. 1,000/- U/S 498-A I.P.C. and one year's R.I. and a fine of Rs. 1,000/- U/S 201 I.P.C. In default of payment of fine both the accused were to undergo S.I. for 15 days. All the sentences were to run concurrently.

(2.) The prosecution case, in brief, is that on 3-8-1992 Ghananand and Naresh Chandra sons of Ratanmani R/o Village Maluwatal, Tehsil and District Nainital filed a written report before District Magistrate, Nainital with the allegations that their sister Smt. Munni Devi was married with accused Madhwanand about one year ago. Accused Madhwanand and his mother accused Smt. Munni Devi started ill-treating Smt. Munni Devi soon after the marriage in lieu of their unlawful demand of dowry. On 31-7-1992 the accused persons murdered Smt. Munni Devi and cremated her dead body without informing them. They got information of the death of Smt. Munni Devi on 2-8-1992, hence the complaint was filed for taking legal action against the accused persons. The above written report, Ext. Ka.1 was sent to Revenue Police for registering the case and investigation. On the basis of written report, Naib Tehsildar Nainital prepared chick F.I.R. Ext. Ka.2 and the same day at about 3.30 P.M. registered a case at crime No. 1/1992, U/Ss 498-A, 304-B and 201 I.P.C. against the accused persons, copy of GD of registration of the case is, Ka.3. The I.O. visited the place of occurrence and prepared site plan, Ext. Ka.4. He also prepared the site plan, Ext. Ka.5 of the place where the dead body of the deceased Munni Devi was cremated by the accused persons. The I.O. also recorded statements of the witnesses and after completion of investigation submitted charge sheet, Ext. Ka.6 against the accused persons.

(3.) The C.J.M. Nainital, vide his order dated 17-11-1992, committed the case to the court of Sessions for trial.